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Schultz v. Ford Motor Co.2/21/2005
79, 1282 (Ind. 1990)). Ford contends that notwithstanding any error in giving this jury instruction, the Schultzes were not prejudiced when the trial court employed Instruction 23 because the rebuttable presumption would have fallen simultaneously with the Schultzes' proof of negligence. We disagree.
Here, it is clear that Ford relied heavily on the jury's use of Instruction 23. During its closing remarks, Ford's counsel made the following comments about this erroneous instruction:
In fact, the compliance with FMVSS 216 is important because as the instruction reads, you can then presume that Ford was not negligent in its design and that the vehicle was not defective.
It would turn logic on its ears, in fact, to suggest otherwise, that somehow you can comply with a standard, make it as you are supposed to make a product per the standards, but yet the product be found defective.
What's important about this . . . is that Federal Motor Vehicle Safety Standard is an objective safety standards which meets the need for motor vehicle safety. The Federal Government is saying, Ford, you meet the need for motor vehicle safety by hitting the standard. Ford's done that and exceeded by 111 percent, because motor vehicle safety is something that protects against unreasonable risk of accidents or death in an accident . . . or injury in an accident.
Transcript at 4589-91. Focusing on the testimony of one of the Schultzes' witnesses, Ford's attorney recounted:
And I asked him, "Would you agree with me that if Judge Johnson were to give instructions in the case, that that would be someone that would know Indiana law?" And he said, "Yes." And Judge Johnson has given you the Instruction No. 23, which is what our legislature has said, which is if you comply with what the Federal Government mandates for motor vehicle safety, that objective bar, us Hoosiers are going to say and presume that you are not negligent and the product is not defective.
Id. at 4591.
Ford's attorney later commented:
Well, our General Assembly has told us in the instruction that you've heard that if you comply with the FMVSS, that it's not defective. Right there plaintiffs failed to prove each of the elements.
What about failed to exercise reasonable care? Once again, a manufacturer is presumed not to be negligent if you meet the objective standard. That's what it's all about. Reasonable care is something that's measured by an objective standard. And if, in fact, as Mr. Kam acknowledged, that the Federal Motor Vehicle Safety Standards are an objective standard and one meets it, how is meeting that standard anything other than exercising reasonable care? That's Instruction 23.
Id. at 4592.
In its closing argument, Ford used Instruction 23 and compliance with FMVSS 216 as the "objective" standard to assert that Ford was not negligent and that the Explorer was not defective. Given the emphasis Ford placed on the importance of Instruction 23, and given our standard of review, we can assume that this erroneous instruction did, indeed, influence the jury's verdict. Morgen, 797 N.E.2d at 1156; Wright, 774 N.E.2d at 896; Canfield, 563 N.E.2d at 1282. The judgment of the trial court is reversed and this action is remanded for a new trial.
Reversed and remanded.
BARNES, J., and CRONE, J., concur.
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