Was it ethical for ford to not disclose the defect

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Reference no: EM132157929

Darleen Johnson was driving her Ford car under rainy conditions on a two-lane highway through Missouri. The car’s front tires had a reasonable amount of tread remaining on them, but the back tires were nearly bald. For an undetermined reason, Johnson lost control of the car, spun into the other lane, and collided with a pickup truck driven by Kathyleen Sammons. Johnson was killed instantly.

Johnson’s father claimed that the inboard C.V. joint boot on the front axle was torn, which allowed debris to contaminate the joint. (The boot is a covering that contains the grease that lubricates the joint.) This contamination allegedly made the joint act like a brake on the left front wheel and caused Johnson’s car to pivot around that wheel and into the path of the oncoming pickup truck. Ford admitted that the joint boot can become torn, which will allow contamination of the joint. In its manuals, Ford recommends periodic inspection of the boots. However, Ford contended that the joint on Johnson’s car was contaminated during or after the accident. Ford also contended that contamination of the joint could not result in the joint seizing and creating a loss of steering control, and that the worst that could result from contamination would be some vibration and noise. According to Ford, Johnson’s accident was caused by road conditions and driving error. The case was submitted to the jury on theories of strict liability and negligent design and manufacture.

Was Ford liable for Johnson's death?

Was it ethical for Ford to not disclose the defect?

What do you think would have been the best way for Ford to disclose the defect, if you think it should have?

What is the best one additional argument that Ford could have raised in its defense?

Reference no: EM132157929

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