Gibbs v. Gaimel

The evidence permits these inferences: The defendant’s vehicle was defective. He knew of the defect, but permitted the plaintiff to use it without disclosing the defect, of which she had no knowledge. The defective condition of the accelerator occasionally permitted the gasoline to continue to flow into the engine after the release of pressure on the accelerator pedal. The defendant had found out the danger of a racing engine could be overcome by “patting” the pedal. But he neither informed the plaintiff of the defect nor explained the manner by which the danger could be avoided. Thus, when…