Mickle v. Blackmon

(dissenting) :

While I agree that the judgment against Cherokee should be affirmed and that the judgment entered in Ford’s favor notwithstanding the verdict should be reversed, I do not agree that a new trial should be ordered. To that extent, I dissent from the main opinion. The verdict of the jury against both Cherokee and Ford should be sustained.

The main opinion, following general negligence principles, soundly holds that a “manufacturer is under a duty to use reasonable care in the design of its vehicle to avoid subjecting the user to an unreasonable risk of injury in the event of a…