Nutting v. Ford Motor Co

In Nutting v. Ford Motor Co., 180 A.D.2d 122 (3d Dept. 1992), the driver continued to knowingly use a car whose engine had stalling problems. A fatal accident occurred when this car drifted into the path of an oncoming vehicle as the driver was attempting to cope with the stalled engine. Nonetheless, the Court declined to find, as a matter of law, that the driver's failure to correct the problem broke the chain of causation, but rather held that such conduct is relevant to issues of intervening cause and apportionment of fault. (Id.)