Gherna v. Ford Motor Co

In Gherna v. Ford Motor Co. (1966) 246 Cal. App. 2d 639, the plaintiff purchased a 1957 Ford Thunderbird on July 19, 1957, and during the next two months he used the car in the normal manner without incident on short trips, chiefly to and from the lumber mill where he worked. On September 21, 1957, he parked the car near the mill and walked away. When he was about 100 feet distant from the car, he noticed smoke pouring out of the hood. Reversing a judgment of nonsuit, the court held that the jury could have found the condition of exclusive control to be satisfied. It reasoned that the plaintiff did nothing "to the automobile except the purchase of gasoline and checking of water and oil at various service stations. Plaintiff's testimony would indicate that the instrumentality had not been changed or mishandled after relinquishment by defendants." (Id. at p. 648.)