Maurizio D. Fortunato v. Ford Motor Company

I concur in the view that a directed verdict for the defendant was not mandated by the “physical facts rule”, substantially for the reasons stated by the majority. On the other hand, the tests and expert testimony introduced by Ford in its effort to show that the accident could not have been caused by a defect in the gas tank of plaintiff’s Mustang, when considered with all of the other evidence, demonstrates that the issue of liability was an extremely close one. With the scales so evenly balanced Ford, in my view, was erroneously precluded from introducing proof which might well have…