Palmer v. Ford Motor Co.

BREITENSTEIN, Circuit Judge.

This is a products liability case with diversity jurisdiction. Plaintiffs’ claim rests on negligence and breach of implied warranties of merchantability and fitness. The jury verdict was in favor of the plaintiffs. The defendant’s appeal contends that the district court erred in denying its motions for a 12-man jury and for a directed verdict. We affirm.

A business enterprise owned and operated by plaintiffs’ decedent bought in 1968 a new Ford truck manufactured by defendant. Beginning soon after the purchase and continuing until shortly before the fatal accident,…