Morris v. Ford Motor Co., et al.
| Docket Number: | 2004-CA-02218-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 08-08-2006 Opinion Author: IRVING, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Personal injury - Foreseeability of injuries Judge(s) Concurring: KING, C.J., LEE, P.J., AND ISHEE, J. Non Participating Judge(s): GRIFFIS, J. Dissenting Author : ROBERTS, J. Dissent Joined By : MYERS, P.J., CHANDLER AND BARNES, JJ. Concurs in Result Only: SOUTHWICK, J. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 09-10-2004 Appealed from: MADISON COUNTY CIRCUIT COURT Judge: William E. Chapman, III Disposition: SUMMARY JUDGMENT GRANTED. Case Number: CI-2001-0075 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MICHAEL MORRIS AND CLAIRE MORRIS |
MICHAEL S. ALLRED, KATHLEEN H. EILER |
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| Appellee: | FORD MOTOR COMPANY, TEXAS INSTRUMENTS INCORPORATED, AND TOM WIMBERLY AUTO WORLD INCORPORATED | ALAN LEE SMITH, WALKER (BILL) JONES, BARRY W. FORD, STEPHEN WALKER BURROW |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Personal injury - Foreseeability of injuries |
| Summary of the Facts: | Michael Morris and Claire Morris, husband and wife, sued Ford Motor Company, Texas Instruments, Inc., and Tom Wimberly Auto World, Inc. after a malfunction in the Morrises’ Lincoln Town Car allegedly caused the car to catch on fire, resulting in the burning of their home. Ford filed a motion for summary judgment which the court granted on behalf of all appellees. The Morrises appeal. |
| Summary of Opinion Analysis: | The Morrises argue that the court’s grant of summary judgment was in error because the appellees engaged in acts of negligence which caused the Morrises to suffer severe emotional distress. In responding to the motion for summary judgment, the Morrises failed to show a genuine issue of fact in regards to whether the injuries they suffered were foreseeable to the appellees. The only evidence offered by the Morrises was a National Highway Transportation Safety Administration investigation that ultimately led to Ford’s issuance of a recall due to the faulty speed control deactivation switch. However, the NHTSA investigation was only begun approximately four months before the Town Car combusted. The investigation was not completed until several months after the fire. Since no genuine issue of material fact was presented regarding foreseeability, no error occurred and summary judgment was properly granted. |
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