Caldwell v. Fox

A vehicle driven by Kenneth Caldwell was struck from behind by a vehicle owned by Leo Fox and driven by Patrick Fox. Plaintiff brought an action for negligence. Defendants answer denied any negligence on their part and alleged that the sole proximate cause of the collision was the sudden and unexpected brake failure on their automobile. Defendants motion to join General Motors Corporation (the manufacturer) and Wilsie-Kelly Chevrolet & Cadillac Company (the seller) as third-party defendants was granted. After the close of proofs, the Saginaw Circuit Court, Hazen R. Armstrong, J., granted the motions of the third-party defendants for directed verdicts and dismissed them from the suit. Judgment was rendered on a verdict for plaintiff. The Court of Appeals, R. B. Burns, P. J., and Bronson and Van Valkenburg, JJ., affirmed (Docket No. 15368). Defendants appeal. Held: