McCOY V. AMERICAN SUZUKI MOTOR CORP.
961 P.2d 952 (1998)
NATURE OF THE CASE: McCoy (P) brought a product liability suit against Suzuki (D). The
Superior Court, reversed the grant of summary judgment to D. D appealed.
FACTS: McCoy (P) stopped to assist with a Suzuki Samurai driving in front of him that had
swerved off the road and rolled. P stopped and rendered assistance and shortly thereafter a
State Patrol Officer arrived. P was asked to place flares and by his own judgment positioned
himself 1/4 mile from the accident scene with a lit flare in each hand manually directing
traffic to the inside lane. Two hours after the accident, the driver was removed and the
scene was cleared. P returned to his car with a lit flare in his roadside hand. When P was
within three to four car lengths of the State trooper, the trooper pulled out without
comment. Moments later, P was struck from behind while still walking on the roadway's
shoulder by a hit and run driver. P filed a complaint against the driver of the Suzuki for
negligence, the passenger of that car for grabbing the steering wheel, the State for the
negligence of the trooper, and D and its parent corporation for the defective Samurai which
allegedly caused the wreck in the first place. The only claim being presently considered is
that against D. D moved for summary judgment asserting that the rescue doctrine does not
apply to product liability actions and even if it did, P cannot prove that D proximately
caused the injuries. The lower court dismissed and the appeals court reversed. The court of
appeals found that P demonstrated sufficient facts of rescuer status to put the issue of
whether he met the four requirements to the jury.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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