Legal Opinion

Robert R. McClung v. Ford Motor Company, a Corporation

Court of Appeals for the Fourth Circuit

Decided January 26, 1973No. 72-1257PublishedCited by 27 opinions

1Per curiam

We affirm for the reasons stated by the District Court. 333 F.Supp. 17 (S. D.W.Va.1971).

In this diversity case, we are not free to fashion a rule for West Virginia which accords with our preferences. We must examine available materials to predict, as best we can, what the West Virginia Supreme Court would do if presented with this same question.

That court has not considered an automobile manufacturer’s liability for the aggravation of injuries caused by a defect in the vehicle when the defect was not a contributing cause of the initial collision. Prior to the adoption of the Uniform…

2Cases cited3 opinions

  1. McClung v. Ford Motor CompanyDistrict Court, S.D. West Virginia · 1971
  2. Payne v. Valley Motor Sales, IncorporatedWest Virginia Supreme Court · 1962
  3. Williams v. Chrysler CorporationWest Virginia Supreme Court · 1964

3Cited by27 opinions

  1. Betty Jo Chase and Charles M. Chase v. General Motors Corporation, and B & M Chevrolet-Cadillac CorporationCourt of Appeals for the Fourth Circuit · 1988
  2. Fox v. Ford Motor Co.Court of Appeals for the Tenth Circuit · 1978
  3. Volkswagen of America, Inc. v. YoungCourt of Appeals of Maryland · 1974
  4. Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased v. White Motor CorporationCourt of Appeals for the Seventh Circuit · 1977
  5. Terry Lee Stonehocker v. General Motors CorporationCourt of Appeals for the Fourth Circuit · 1978

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