Elmore v. American Motors Corp

In Elmore v. American Motors Corp. (1969) 70 Cal.2d 578, the allegedly defective product was a drive shaft that fell from a car. (Elmore, supra, 70 Cal.2d at p. 584.) An expert testified that "the cause of a drive shaft falling would be either loose fastenings or metal failure and would not be 'anything the driver did' or normal wear and tear." (Ibid.) In addition, the car had been driven less than 2,800 miles and no servicing had been done on the drive shaft or anything connected to it. (Ibid.) The Elmore court concluded that, "In these circumstances, it is not unreasonable to conclude that the defect in the metal or in the fastenings existed at the time of sale." (Ibid.) In Elmore, evidence that a defect would not occur through normal wear and tear, and evidence that a product had not been used a great deal were sufficient to show that a product was defective when it left the manufacturer.