Edward R. Dalton, Administrators of the Tulane Education Fund, D/B/A Tulane Medical Center Hospital and Clinic, Intervenor v. Toyota Motor Sales, Inc.

WILL, District Judge:

This case involves an automobile allegedly unsafe at no speed. The facts are that the plaintiff, Edward Dalton (Dalton), after leaving an office Christmas party on Christmas Eve, December 24,1978, drove his 1978 Toyota Corolla from his office in Mobile, Alabama, westward on Interstate 10 in the direction of New Orleans. He apparently became sleepy and pulled off the pavement onto the grassy median strip. Letting the engine idle (the weather was cold), he lit a cigarette and fell asleep. A passing motorist, Rodney Newman (Newman), noticed flames around the car and…