Neb. high court rules dealers must inspect used vehicles for safety defects before sale
By Timberly Ross, APFriday, November 6, 2009
Neb. court says dealers must check used-car safety
OMAHA, Neb. — Car dealers must inspect used vehicles for safety defects and either make repairs or warn potential buyers before they are resold, the Nebraska Supreme Court ruled Friday.
The high court said that an “as is” sticker does not absolve dealers of their duty to look out for public safety.
“There is a relatively great magnitude of risk of injury in the circumstance where an unknowing buyer drives off the dealer’s lot in a used vehicle which has a patent safety defect, such as defective brakes or steering,” the court said. “The dealer is better equipped than the purchaser to perceive such a defect before it causes harm.”
The decision is similar to those handed down by courts in other state, including Kentucky, Minnesota, Montana and Ohio, that recognize dealers’ obligation to ensure the safety of used vehicles.
With the ruling, the high court overturned the dismissal of a 2006 lawsuit filed in Douglas County District Court by an Omaha couple who alleged that Woodhouse Ford Inc. was liable for injuries caused when their van shifted out of park.
The high court said that while Woodhouse sold the van “as is” and disclaimed all warranties, the Blair dealership may have been negligent for not inspecting the vehicle for safety defects. It ordered the case back to the lower court for trial.
Melany Lanagan, the attorney for Elizabeth and Mark Wilke, said the court’s decision was “a very positive thing for consumers who are going to be buying used cars. It’s all about safety.”
She said most consumers believe used cars bought at Nebraska dealerships were being inspected before being sold, but that isn’t necessarily true.
Woodhouse has said in court documents that it has such a high volume of used vehicles that it is unable to inspect all of them.
The dealership’s attorney could not immediately be reached Friday.
The Wilkes sued Woodhouse for negligence and breach of implied warranty of merchantability over the “as is” sale of a 2002 Ford Econoline on Sept. 18, 2004. They said the dealership should have known the vehicle was defective at the time of the sale.
The couple said in court documents that Mark Wilke drove the van off the lot, parked it at a friend’s house and removed the keys. The couple’s then-3-year-old daughter pulled the gearshift out of park and the vehicle rolled over Elizabeth Wilke’s right foot and thigh, causing her to fall and hit her head.
A federal regulation requires vehicles with automatic transmissions be made so that the key must be in the ignition to shift out of park. An automotive engineering consultant said in court documents that there were problems with the van’s brake shift interlock system, transmission shift cable and key shift interlock that allowed the Wilkes’ van to shift out of park.
Woodhouse has said in court documents that Elizabeth Wilke’s injures could have been prevented if Mark Wilke had used the emergency brake and if the girl hadn’t pulled the gearshift.
The high court ruled that the Wilkes could not sue for breach of warranty under the Uniform Commercial Code because the van was sold “as is.” But it said the couple could sue for negligence because car dealers have “a duty to conduct a reasonable inspection of the vehicle prior to sale in order to determine whether there are any patent defects existing at the time of sale which would make the vehicle unsafe for ordinary operation.”
Woodhouse has said in court documents that it did not inspect the van before it was sold. But the high court said it would be up to a jury to determine whether the van’s safety defects would have been found during an inspection.
The Wilkes are seeking unspecified monetary damages.
On the Net:
Nebraska Supreme Court: www.supremecourt.ne.gov/
Woodhouse Ford: www.woodhouse.com
Tags: Automobiles, Damages, Nebraska, negligence, North America, Omaha, Products And Services, sued, United States
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August 2, 2010: 11:48 pm
Kind Attention We got married 05/03/2002, and have a daughter who took birth on 09/07/2005. My wife and her family lodged a case 498A/34 IPC, FIR NO.276, date 31/08/2009, P.S.: BAGUIATI, against me and some of my family members it’s a fabricated, baseless, legless, toothless and doesn’t have any commensurate to the fact. My wife is engaged and having an illicit affair with a boy (Sandip Samanta, S/O. Shankar Kumar Samanta S.B.I. Officer Ph. No. 9830366834, Branch: 24B, Nimtala Ghat Street, Jorabagan, Kolkata- 700006, West Bengal, India, Bank Ph. No. 033 25308337) just opposite to my house, all the matters are known to every person in my village, and also they have certified me written about my fresh character and nature. When my wife left form my house with Sandip Samanta taking many vory gold and cash 1.20 lack Indian rupees. What a demon she is! She didn’t take our only daughter (only four years old) who is now in my house having severe asthma supported by inhaler. My wife filed the 498A case dated 31/08/2009 and I was arrested on 06/09/2009,The Learn” ed court granted me on bail on 19/09/2009. Barasat court. I have lots of irrefutable evidences, (20 pcs. Adult S.M.S., Adult picture with the boy and a c.d.) with me where it is cleanly reveals which translates my wife and the boy that they are in illicit relations. Believe me I and my family would love very much (which is very rare seen in our society) to my wife and never any kind of love lost didn’t happen. They (My wife family) are very very poor and live in a bosti Address: 70/H/8 Manicktolla Main Road, Kolkata – 700054, Beside 5 Star Club, my mother saw 1st time and she arranged my marriage. Before marriage my family did not see the pedigree of my wife’s family, now we understood also realized that they hailed from a worst status. My wife, her family and (Sandip Samanta, S/O. Shankar Kumar Samanta) all they are misusing this law. Now my wife’s family knows all the affair-related matter. My wife left our only solitary daughter to me who is 4 years old having severe “Asthma Disease, depends on INHALER, here political Hide and seek, ducks and drakes and lots of unfair means are going on and the father of the parents (THE FATHER OF THE BOY WHO HAS ILLICIT RELATIONS WITH MY WIFE) are rich, so they are spending money to everywhere with a view to be escaped. Now I decided that in no way I can’t accept that demon wife. I hired a lawyer his name Mr. Kamelash Nandi. I don’t know what will be happened next? It’s an utterly a huge and a palpable offence subsequent to which the boy deserves severe and examplanary punishment so that no one can dare to abuse this law. My mother is a sugar present shies sugar is now 400. If possible please help me. Please investigate the matter thread barely and save me and my family. I leave here one question to every one that in this die-straits situation whom do I take care to myself (TRAGEDY), my daughter, or my mother(severe Diabetic)?. My wife filed another case me U/s. 125 Cr. P. C. Case NO.167/2009, date 16/12/2009.I am millions miles away from the genuine and authentic investigation and inquiry. No inquiry ,investigation were executed against the F.I.R lodged by my wife. It is very painful, lamentable as well as heart rendering, breath taking affair to me and my family. My heart bursts into guffaw when I see the nature of the inquiry and investigation. One thing is as clear as crystal to me that the law and the task of the law enforcing agencies vary from man to man. A new proverb is going to take birth very soon that “Justice for the rich and Injustice is for the poor” A rich reserves the right to indulge in any kind of heinous business but the poor is restricted to involve in any type of excellent deeds” To see all these my heart is about to come in the mouth and the ground under my feet gets shook. In a word all types of Law are for the poorest and the richest will enjoy the richest judgments from all quarters. After coming form the DumDum Central Jail, I mat with the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and asked him politely: “ SIR I FAILED TO UNDERSTAND THAT I MADE SO MANY ENTIRIES INTO YOUR G.D.E. BUT YET NO ACTION SO FAR HAS NOT BEEN TAKEN FORM YOURSELF” then BAGUIATI POLICE O.C. Mr. Goutam Mitra, went through all my papers (20 pcs. Adult S.M.S., Adult picture with the boy, G.D.E, MANY MANY OTHER PAPERS RELATED TO MY CASE and TWO c.d.). After seeing all my papers he told me that I cannot take any action until and unless you lodge a case against all of them. Then I Prayed to the Ld. C.J.M at Barasat court to lodge the case, against the alleged person. (the payer to the Ld. C.J.M. is enclosed which is self-explanatory) after filing the case the BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, in stead of taking not any take proper investigation/ not take any action/ not take any type of query to recover my Cash and Gold form the house of Shankar Kumar Samanta, The BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, took my case as a Golden Goose, and how much money BAGUIATI POLICE O.C. Mr. Goutam Mitra, and I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, has taken is well known to them. Neither he took any take proper investigation/ not take any action/not take any type of query nor he did roundup them against my case. When I saw that already near by 90-100 days went by “ I went to the BAGUIATI P.S. to know the status of the case then BAGUIATI POLICE I.O. Mr. Prasenta Kumar Das, Mr. Ajay Kumar Ghosh, became outraged me and my mother that if you ask about Shankar Kumar Samanta and his family I will sentence you and your family in the Jail, all their languages is so much filthy dirty which I cannot express front of you. With kindest regards, |
Dipak Kumar Adhikari