Business Law Case

Brief Croskey v. BMW of North America, Inc. on p. 533-535

-Croskey v. BMW of North America, Inc.

* the parties :

- Who is the plaintiff? William Croskey

- The defendant? BMW of North America, Inc

- The appellant? William Croskey

- The appellee? BMW of North America, Inc

* the history of the case

- In this case, the plaintiff filed suit with the U.S. District Court against BMW of North America, Inc. Croskey was severely injured in July of 2000 when attempting to add fluid to his girlfriends 92' BMW. A plastic piece on the radiator broke and causes scalding radiator fluid to spill out and burn Croskey. He filed suit based on the claims that BMW had a negligent design and also failure to warn. The jury ruled on behalf of the defendants and Croskey appealed to the U.S. Court of Appeals for the Sixth Circuit.

* the facts

- The defendant is being sued because William Croskey was seriously injured when a 1992 BMW overheated and scorching radiator fluid spewed out due to the plastic neck on the BMW's radiator. Croskey filed suit with the U.S. District Court against BMW of North America, Inc. on the basis of two claims: the first claim was negligent design on the part of BMW and the second on negligent failure to warn on the part of BMW. Croskey was given stipulations on to what was useful evidence for what claim. The district court decided that Croskey could use evidence of very similar occurrences of plastic neck failure if they came to the attention of the defendants and if the incidents occurred between 1991 and the date Croskey was injured. The court only allowed this evidence to be used in regards to the negligent failure to warn claim, and forbidded its use in regard to the negligent design claim. The court also ruled that with the negligent failure to warn claim, the defendants could present evidence against the number of BMWs sold with plastic-necked radiator between 1994 and the date of the Croskey incident. The purpose of the evidence was to show the likelihood - or lack of likelihood - of a neck failure on the radiator.

- the plaintiff's

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