YUN V. FORD MOTOR CO.
647 A.2d 841 (1994)
NATURE OF THE CASE: Yun (Ps) sought review of the grant of summary judgment which
dismissed their claims against Ford (Ds), car manufacturer, service center, van conversion
company, and manufacturing company.
FACTS: Chang was a passenger in his daughter's van, Yun (P), when they heard part of the
van spare tire parts fall off onto the road. They stopped the van safely and Chang got out
and ran across two lanes of dark, rain-slicked road to retrieve the spare tire and some
other parts. Chang was hit by a vehicle operated by Precious Linderman (D). Approximately
seven months later, he died of the injuries sustained. P, as representative of her father's
estate sued D and Ford, and Miller, who had manufactured the spare tire assembly, Universal,
who converted the chassis and installed the spare tire assembly, Castle, the dealer, and
Kim's Mobile Service Center, who had changed the oil about a month before the accident and
pointed out that the spare tire assembly was bent. From the facts, one month prior to the
subject accident when P discovered the spare tire assembly was bent she instructed Kim not
to fix it as it has been damaged in a prior accident and she was waiting for the insurance
settlement. Ds moved for summary judgment. In granting Ds' motions the court found as a
matter of law that there was no proof of proximate cause and that the actions of Chang in
seeking to retrieve the spare tire and assembly and that of the driver of the automobile
that struck him broke the causal chain related to their involvement. The complaint against
Precious was not dismissed because she did not move for summary judgment. P appealed; but
agreed that Ford should not be a party as the spare tire assembly was not part of the
vehicle when it left their factory.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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