McDonald v. Ford Motor Co.

This is a product liability action brought under the theory of implied warranty, which is a form of strict liability in tort. The plaintiff’s burden of proof for breach of implied warranty, as stated by this court “* * * consists of alleging and proving, by a preponderance of the evidence, that: (1) There was, in fact, a defect in the product manufactured and sold by the defendant; (2) such defect existed at the time the product left the hands of the defendant; and (3) the defect was the direct and proximate cause of the plaintiff’s injuries or loss.” State Auto Mutual Ins. Co. v. Chrysler…