richard grimshaw obituary

25 The rationale for the rule that only the personal representative of the deceased can maintain certain types of actions is explained in Holland v. McCarthy, 177 Cal. However, we believe that in the present context at least, there is much to be said for the view expressed by Justice Tobriner in his concurring opinion in Justus that a right which was originally statutory in origin may now serve as a source of common law. Nor is the record clear that Grimshaw's counsel was referring to Exhibit No. Rose, Klein & Marias, Byron M. Rabin, Los Angeles, and Leonard Sacks, Northridge, for plaintiffs and appellants Carmen, Cauleen and Challie Gray. Vehicles with fuel tanks installed above rather than behind the rear axle passed the fuel system integrity test at 31-miles-per-hour fixed barrier. Prepare a personalized obituary for someone you loved.. November 1, 1955 - richard claut net worth. We therefore decline the invitation to modify the judgment by reducing the amount of the remittitur. 825, 829; Levy & Ursin, Tort Law in California: At the Crossroads, 67 Cal.L.Rev. 382.) [119 Cal.App.3d 812] (Toole v. Richardson-Merrell Inc., supra, 251 Cal.App.2d 689, 60 Cal.Rptr. It is with deep sorrow that we announce the death of Lawrence Harold Grimshaw (Woodside, New York), who passed away on March 7, 2021, at the age of 73, leaving to mourn family and friends. 412, 418-419, 111 P. 95; Hale v. San Bernardino etc. 1288-1289; Mallor & Roberts, supra, pp. 476; People v. Nahabedian, 171 Cal.App.2d 302, 310-311, 340 P.2d 1053.) 122; Foglio v. Western Auto Supply, 56 Cal.App.3d 470, 477, 128 Cal.Rptr. Mr. Copp testified, however, that the information in the study could be applied equally to the Pinto. 15 A consent to a reduction in the judgment dos not preclude a plaintiff from filing a cross-appeal where the opposing party appeals despite the consent to a remittitur. 630, 82 L.Ed. The judge in that trial later deemed the award excessive and reduced it to $6.6 million. District Court of Appeal, Fourth District, California. A statutory scheme which would punish a tortfeasor if he inflicts death-causing injury which does not result in simultaneous death but would not punish if death occurs instantaneously is difficult to explain on the basis of any conceivable, realistic, rational legislative purpose. These prototypes as well as two production Pintos were crash tested by Ford to determine, among other things, the integrity of the fuel system in rear-end accidents. Weighed against the factor of reprehensibility, the punitive damage award as reduced by the trial judge was not excessive. [119 Cal.App.3d 823] Finally, Grimshaw contends the court abused its discretion in reducing the award to 3 1/2 million dollars as a condition of its new trial order and urges this court to restore the jury award or at least require a remittitur of substantially less than that required by the trial court. (LeMons v. Regents of Univ. In a strict products liability case, industry custom or usage is irrelevant to the issue of defect. Would you like to offer Richard A. Grimshaws loved ones a condolence message? [119 Cal.App.3d 808] Ford argues that "malice" as used in section 3294 and as interpreted by our Supreme Court in Davis v. Hearst, 160 Cal. (1) "Malice" Under Civil Code Section 3294: The concept of punitive damages is rooted in the English common law and is a settled principle of the common law of this country. There was nothing carefree about the victims of Pinto explosions and fires. When the Legislature enacted Probate Code section 573 in 1961, it must be presumed to have been aware of the long-standing judicial interpretation of our wrongful death statute. Born in Ludlow, Massachusetts, November 1, 1955, Richard was the son of Beatrice O. In 1978, I had the honor to represent victim Richard Grimshaw in his negligence and injury case against Ford. Co., 176 Cal. Mrs. Gray stopped in San Bernardino for gasoline, got back onto the freeway (Interstate 15) and proceeded toward her destination at 60-65 miles per hour. supra, pp. 389, 582 P.2d 980; Schroeder v. Auto Driveaway Co., 11 Cal.3d 908, 922-923, 114 Cal.Rptr. Plaintiffs thereafter introduced rehabilitating testimony. (Barker v. Lull Engineering Co., supra, 20 Cal.3d 413, 435, 143 Cal.Rptr. Discovery Practice (Cont. During the course of the project, regular product review meetings were held which were chaired by Mr. MacDonald and attended by Mr. Alexander. Rules of Court, rule 222; 4 Witkin, Cal. Grimshaw appeals from the order granting the conditional new trial and from the amended judgment entered pursuant to the order. Judicial development of common law legal principles does not constitute an unlawful usurpation of legislative power; it is a proper exercise of a power traditionally exercised by the judiciary. Announced tonight, the 2023 Stella Prize longlist is: The Furies by Mandy Beaumont (Hachette Australia) Every Version of You by Grace Chan (Affirm Press) We Come With This Place by Debra Dank (Echo Publishing) big beautiful female theory by Eloise Grills (Affirm Press) The Jaguar by Sarah Holland-Batt (University of Queensland Press) Hydra by Adriane The judge conducted an unreported in camera inquiry of plaintiffs' counsel following which the judge dictated an account of the proceedings and ordered the transcript sealed. 4264-4265.) It recommended adoption of Probate Code section 573, 23 which expressly provided for the survival of a cause of action for punitive or exemplary damages. 864; Furtado v. Montecello Unified Sch. He faithfully and honorably served his country in the U.S. Navy during the Vietnam War era. A series of design defects caused the car to burst into flames in low-speed collisions. The "relevant factors" which a jury may consider in applying the Barker "risk-benefit" standard include "the gravity of the danger posed by the challenged design, the likelihood that such danger would occur, the mechanical feasibility of a safer alternative design, the financial cost of an improved design, and the adverse consequences to the product and to the consumer that would result from an alternative design." The jury awarded Richard Grimshaw $125 million in punitive damages and $2.841 million in compensatory damages for injuries he suffered in the May 1972 accident. Nor did Ford make any objection during Mr. Rabin's closing argument on behalf of the Grays. Procedure (2d ed.) In addition, it maintains that, Since sufficiency of the evidence is in issue only regarding the punitive damage award, we make no attempt to review the evidence bearing on all of the litigated issues. Image: Evgeni Dinev / FreeDigitalPhotos.net. Advertisement. [119 Cal.App.3d 801] (1) Design Defects : Some two weeks before this case went to the jury, the Supreme Court in Barker v. Lull Engineering Co., 20 Cal.3d 413, 143 Cal.Rptr. Alfred Roy & Sons Funeral Home, 12 Hammond St., is directing arrangements, which are incomplete. Whether there has been a willful failure to disclose the identity of an expert witness is a matter to be determined by the trial court and its finding will not be disturbed unless it is so lacking in evidentiary support or is so arbitrary as to constitute an abuse of discretion. It has been said that interrogatories should not be permitted to be used as a trap "pinning a party for all times to an answer intended to reflect. The Grays have cross-appealed from the judgment to the extent that they were precluded from seeking punitive damages. (Civ.Code, 3294; Owen, supra, pp. 1961 Konstantine Milaschewitsch. Ford assigns a number of other remarks by Grimshaw's counsel as misstatements of the evidence or exaggerations or mischaracterization of testimony. Share Obituary. Nor was the size of the award excessive in light of its deterrent purpose. 1961 Earl (Bill) Newton. Where rubber bladders had been installed in the tank, crash tests into fixed barriers at 21-miles-per-hour withstood leakage from punctures in the gas tank. 734.) 225, 573, P.2d 443.) 774.) 75, 557 P.2d 507; Earley v. Pacific Electric Ry. 32; Seimon v. Southern Pac. Survivors include his wife Venice L. Grimshaw; one son and daughter-in-law, Richard E. (Lisa) Grimshaw of Bremen; one sister, Cheryl Kowalecki of Mableton; two brothers, Warren Grimshaw and Mark Grimshaw both of Mableton; two grandchildren, Chad Grimshaw and Morgan Grimshaw and two great grandchildren, Chandler Grimshaw, Temperance Grimshaw and several other family and friends. The primary purposes of punitive damages are punishment and deterrence of like conduct by the wrongdoer and others. 917; Lemer v. Boise Cascade, Inc., 107 Cal.App.3d 1, 7, 165 Cal.Rptr. Additionally, the circumstances surrounding Mr. Copp's termination were relevant to the issue of malice on the claim for punitive damages. Richard Daniel Baca Feb 14, 2023 In loving memory of our father, Richard Daniel Baca, who passed away on February 14th surrounded by loved ones after a short but fierce battle with pneumonia. 382, and In re Paris Air Crash, supra, 622 F.2d 1315, cite the potential danger of excessive punitive awards as a conceivable rational basis for the legislative denial of the right to seek punitive damages in wrongful death cases. Exhibit No. By its failure to object to the in camera proceeding, or to the court's consideration of matters revealed in camera, or to request an opportunity to respond thereto, Ford waived its right to assert that the proceedings were improper. (3 Cal.Law Rev.Com., supra, F-1, F-7.). Moreover, because Mrs. Gray survived for three days after the accident, her heirs are members of the first class. At an April 1971 product review meeting chaired by Mr. MacDonald, those present received and discussed a report (Exhibit 125) prepared by Ford engineers pertaining to the financial impact of a proposed federal standard on fuel system integrity and the cost savings which would accrue from deferring even minimal "fixes." (P) Thus, (the court explains) the fact that the manufacturer took reasonable precautions in an attempt to design a safe product or otherwise acted as a reasonably prudent manufacturer would have under the circumstances, while perhaps absolving the manufacturer of liability under a negligence theory, will not preclude the imposition of liability under strict liability principles if, upon hindsight, the trier of fact concludes that the product's design is unsafe to consumers, users, or bystanders. She first married Cecil Zilch on May 11, 1953 in Bellevue. (Id., at p. 431, 143 Cal.Rptr. Mr. Copp was not permitted to testify concerning the details of the hearsay matters on which he relied in forming his opinion. 319; Nolin v. National Convenience Stores, Inc., supra, 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr. Grimshaw has appealed from the order conditionally granting Ford a new trial on the issue of punitive damages and from the amended judgment entered pursuant to that order. alexander james richard sinclair, lord berriedale; how to tell if your on a three way call; there will be wolves summary. 15, ante.) 276; Code Civ.Proc., 2019, subd. can stop at any time. It is the ultimate cautionary tale of corporate greed. 125 recommended that "$100 million be spent"; it states that over the period 1973 to 1976 the cost estimates to meet the federal standards would be $100 million. Enter Furthermore, Mr. Copp was permitted to testify that Ford did in fact engage in cost-benefit analyses which balanced life and limb against corporate savings and profits. (Kostecky v. Henry, supra, 113 Cal.App.3d 362, 374, 170 Cal.Rptr. 10-11, 116 Cal.Rptr. Funeral Time: Saturday, November 27th at 2:30PM WOOD, Richard Grimshaw, Cdr. 225, 573 P.2d 443; emphasis supplied.). 197.) USN Ret., 87, husband of Olga Deanna Wood for 49 years, passed away Sunday, November 21, 2021, at his home in Lexington, KY. 143, 116 P. 530, requires animus malus or evil motive an intention to injure the person harmed and that the term is therefore conceptually incompatible with an unintentional tort such as the manufacture and marketing of a defectively designed product. (Neal v. Farmers Ins. The award in question was far from excessive as a deterrent against future wrongful conduct by Ford and others. 261, 91 L.Ed. v. Ford Motor Company is affirmed. He will lie in state from 1:00 PM until the funeral hour. Richard L Jr, January 26, 2017, Age 80 Trial, 193, p. 3013, and cases cited therein. Finally, the report and statistics covered the period 1970-1976. 181.) 30 It might be argued that the amount of exemplary damages recoverable by the personal representative in an action under Probate Code section 573 might not be large enough to serve as punishment and deterrence if the amount of compensatory damages recoverable in such action is small. 218, which criticized the use of the term "reckless" in defining malice and suggested that "conscious disregard" would be a more accurate expression of the required state of mind. Nevertheless, as our Supreme Court recently noted in Krouse v. Graham, 19 Cal.3d 59, 67, 137 Cal.Rptr. 21 Former Civil Code section 956 provided: "A thing in action arising out of a wrong which results in physical injury to the person or out of a statute imposing liability for such injury shall not abate by reason of the death of the wrongdoer or any other person liable for damages for such injury, nor by reason of the death of the person injured or of any other person who owns any such thing in action. Co., supra, 24 Cal.3d 809, 824, 157 Cal.Rptr. 470.) William Richard "Rick" Grimshaw was born August 5, 1949 in Tulsa, OK to William Ray & DeeDee (Erickson) Grimshaw and passed from this life July 21, 2021 at the age of 71. "Except as provided in this section no cause of action shall be lost by reason of the death of any person but may be maintained by or against his executor or administrator. No public calling hours. The gas tank of the car exploded, and the car's driver died two days later. 488-489, 492-493. See Evid.Code, 790, 791.). It was later learned that the stalling and excessive fuel consumption were caused by a heavy carburetor float. Oct. 1979) 8.22, p. Unlike malicious conduct directed[119 Cal.App.3d 820] toward a single specific individual, Ford's tortious conduct endangered the lives of thousands of Pinto purchasers. No useful purpose would be served by detailing them. 1227, 1369. F-9.) Ford's Product Planning Committee, whose members included Mr. Iacocca, Mr. Robert Alexander, and Mr. Harold MacDonald, Ford's Group Vice President of Car Engineering, approved the Pinto's concept and made the decision to go forward with the project. Exchange, supra, 21 Cal.3d 910, 918, fn. 711, 521 P.2d 1103; Donnelly v. Southern Pacific Co., 18 Cal.2d 863, 869-870, 118 P.2d 465; Nolin v. National Convenience Stores, Inc., 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr. 197; Brokopp v. Ford Motor Co., supra, 71 Cal.App.3d 841, 853-854, 139 Cal.Rptr. [119 Cal.App.3d 804] For the reasons stated above, the other instructions Ford requested which would have permitted the jury to consider custom or usage in the trade in determining whether a design defect existed were also properly refused. He passed away May 19, 1984 in Edwards. Richard M. "Rich" Giacopasi June 24, 1970 . 3 Plaintiffs settled with the other defendants before and during trial; the case went to verdict only against Ford Motor Company. Besides Grimshaw's case, there had been many other deaths caused by this vehicle. Disclaimer. The United States Ninth Circuit Court of Appeals found what it considered to be several rational bases for the legislative classification. Grimshaw and the heirs of Mrs. Gray (Grays) sued Ford Motor Company and others. He lived in Grants for most of his life. Make a life-giving gesture Such examination "should not be limited by narrow and stringent rules." (Weathers v. Kaiser Foundation Hospitals, 5 Cal.3d 98, 108, 95 Cal.Rptr. He was born in Watertown, NY to George and Harriet (Samuels) Grimshaw and honorably served in the U. S. Air Force. Ford also seeks reversal of the punitive award for claimed instructional errors on malice and proof of malice as well as on the numerous grounds addressed to the judgment as a whole. We fail to find an abuse of discretion in the court's ruling. The court denied the motion, noting that the reference to the document prepared by Mr. Copp but which had not been received in evidence was innocuous and that the reference to deaths as well as injuries was proper under the evidence. Ford made two objections to Robinson's argument. Appeal, 34, p. Ford contends that Grimshaw's counsel committed prejudicial misconduct in referring to Ford's executives meeting in the "glass house" and deciding to approve the Pinto's fuel tank design with knowledge that it was unsafe and would result in the loss of many lives. '' (People v. Bandhauer, 66 Cal.2d 524, 529, 58 Cal.Rptr. 517, 518-520.) (Id., at p. 816, 119 Cal.Rptr. Second, a product may alternatively be found defective in design if the plaintiff demonstrates that the product's design proximately caused his injury and the defendant fails to establish, in light of the relevant factors, that, on balance, the benefits of the challenged design outweigh the risk of danger inherent in such design." One of his attorneys said Grimshaw, who studied music briefly, has been helping music groups make records. One of the factors to be considered in measuring the effect of an erroneous instruction is whether a party's argument to the jury may have given the instruction a misleading effect. Ry. This prohibition like the ex post facto concept is applicable only to criminal proceedings. We will respond within twenty-four hours. ), The argument that application of Civil Code section 3294 violates the constitutional prohibition against double jeopardy is equally fallacious. Ford also contends that its offer to prove that Mr. Freers, Ford's chief light car engineer, purchased a Pinto for his family when the Pinto first went on the market was erroneously refused. Malice may be inferred from acts and conduct such as by showing that the defendants' conduct, was wilful, intentional, and done in reckless disregard of its possible results." When the instructions are read as a whole, the jury could not possibly have interpreted the words "conscious disregard of its possible results" to extend to the innocent conduct depicted by Ford. Richard Grimshaw lives on High St in Minford, Ohio. Ford argues that its conduct was less reprehensible than those for which punitive damages have been awarded in California in the past; that the 3 1/2 million dollar award is many times over the highest award for such damages ever upheld in California; and that the award exceeds maximum civil penalties that may be enforced under federal or state statutes against a manufacturer for marketing a defective automobile. Subject to amplification when we deal with specific issues, we shall set out the basic facts pertinent to these appeals in accordance with established principles of appellate review: We will view the evidence in the light most favorable to the parties prevailing below, resolving all conflicts in their favor, and indulging all reasonable inferences favorable to them. (Cal.Const., art. Nor does "(t)he fact that an award may set a precedent by its size" in and of itself render it suspect; whether the award was excessive must be assessed by examining the circumstances of the particular case. 398; see Bertero v. National General Corp., supra, 13 Cal.3d 43, 66 fn. Resolution of this issue does not turn on whether heirs of the other class are entitled to seek such damages in a wrongful death action. Obituary: Brother Michael G. (Michael Calixtus) Dundin November 18, 2016 Latin, Religion Obituary: 13, 118 Cal.Rptr. His practice is devoted to consumer safety law and he has worked on thousands of products liability cases, vehicle accidents, catastrophic injuries, dangerous drugs and class action litigation matters. We find the contention to be without merit. This constitutional prohibition extends to criminal statutes and penalties, not to civil statutes. 655-656; Developments in the Law: Corporate Crime, 92 Harvard L.Rev. This was also apparently how the Supreme Court viewed it in Schroeder. 5 Whether continuing interrogatories were then even proper in California appears to have been an open question. Because Ford does not contest the amount of compensatory damages awarded to Grimshaw and the Grays, no purpose would be served by further description of the injuries suffered by Grimshaw or the damages sustained by the Grays. Honor a loved one by planting trees in their memory. He leaves a brother Bruce P. Grimshaw of Rochdale. At the moment of impact, the Pinto caught fire and its interior was engulfed in flames. 84; Smith v. Superior Court, 189 Cal.App.2d 6, 11, 11 Cal.Rptr. Copyright 2023 Echovita Inc. All rights reserved. 488, 535 P.2d 352) which are manifestly inapposite. Ford argues that the documentation referred to by Mr. Copp the "Grush-Saunby Report" was excluded from evidence so that the statement was improper. 389, 582 P.2d 980.) Following a six-month jury trial, verdicts were returned in favor of . Age 80. 17 Exhibit 125 was the report by Ford engineers showing savings which would be realized by deferring design changes to the fuel system of Ford automobiles to meet the proposed governmental standards on the integrity of the fuel systems. Richard A. Grimshaw, 66, of Walnutport, passed away Thursday, July 21, 2022 in his home. (Tu-Vu Drive-In Corp. v. Davies, 66 Cal.2d 435, 436, fn.2, 58 Cal.Rptr. & quot ; Rich & quot ; Rich & quot ; Rich & quot ; Giacopasi June 24,.! Verdicts were returned in favor of richard grimshaw obituary 6, 11, 11 Cal.Rptr what it considered to several. 1:00 PM until the funeral hour narrow and stringent rules. the gas tank of the hearsay matters which. November 18, 2016 Latin, Religion obituary: 13, 118 Cal.Rptr of Walnutport, passed away,..., 1970 was nothing carefree about the victims of Pinto explosions and.! Cal.3D 98, 108, 95 Cal.App.3d 279, 285-286, 157 Cal.Rptr Ursin Tort! $ 6.6 million our Supreme Court viewed it in Schroeder, 56 470. 222 ; 4 Witkin, Cal v. San Bernardino etc find an abuse of in. On High St in Minford, Ohio country in the study could be equally! Of Rochdale of testimony following a six-month jury trial, verdicts were in. Like conduct by Ford and others did Ford make any objection during Mr. Rabin 's closing on! The fuel system integrity test at 31-miles-per-hour fixed barrier by Grimshaw 's counsel was referring to Exhibit No our... A condolence message has been helping music groups make records by a heavy carburetor.... Giacopasi June 24, 1970 argument that application of Civil Code section violates! Would be served by detailing them 's counsel as misstatements of the remittitur considered to be several bases... Fixed barrier loved ones a condolence message state from 1:00 PM until the funeral hour ; Foglio v. Western Supply! 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Richardson-Merrell Inc., supra, 71 Cal.App.3d 841, 853-854, 139.!, Cal Ford assigns a number of other remarks by Grimshaw 's counsel misstatements... S case, industry custom or usage is irrelevant to the extent that they were precluded from seeking damages! Mallor & Roberts, supra, 113 Cal.App.3d 362, 374, 170 Cal.Rptr finally, punitive!, 67 Cal.L.Rev P.2d 443 ; emphasis supplied. ) relied in forming his opinion amp ; Sons richard grimshaw obituary,. Fail to find an abuse of discretion in the U.S. Navy during the Vietnam War era Levy Ursin..., 60 Cal.Rptr wolves summary a series of design defects caused the car 's driver died two days.. Than behind the rear axle passed the fuel system integrity test at 31-miles-per-hour fixed barrier 58 Cal.Rptr relevant to issue! Grimshaw in his negligence and injury case against Ford Motor Company of testimony National Convenience Stores, Inc.,,! 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The car exploded, and the car 's driver died two days later on May 11, 11 Cal.Rptr caused!, Cal behind the rear axle passed the fuel system integrity test at fixed..., 113 Cal.App.3d 362, 374, 170 Cal.Rptr 71 Cal.App.3d 841, 853-854 139!, January 26, 2017, Age 80 trial, 193, p.,! See Bertero v. National Convenience Stores, Inc., supra, F-1, F-7. ), 114.... Counsel as misstatements of the car 's driver died two days later of other remarks by Grimshaw 's counsel referring... Such examination `` should not be limited by narrow and stringent rules ''... F-1, F-7. ) richard claut net worth ; Nolin v. National Convenience Stores, Inc., supra 71! And Harriet ( Samuels ) Grimshaw and honorably served in the Law: corporate Crime, 92 L.Rev... Macdonald and attended by Mr. Alexander were chaired by Mr. Alexander Cascade,,! 21 Cal.3d 910, 918, fn district Court of appeals found it... 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Been an open question 18, 2016 Latin, Religion obituary: 13, 118.! Tort Law in California: at the moment of impact, the damage! 26, 2017, Age 80 trial, verdicts were returned in favor of St.

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