South Dakota Supreme Court

Engberg, Respondent v. Ford Motor Co., Appellant

March 8, 197387 S.D. 196

Summary

The South Dakota Supreme Court affirmed the judgment for the plaintiff, holding that the evidence was sufficient to find a defect in the seat belt, that the defect was a proximate cause of the decedent’s death, that the expert testimonies were admissible, that contributory negligence did not bar recovery, and that strict liability under Restatement §402A applied. Justice Wolman filed a special concurrence agreeing with the affirmation but reserving judgment on strict liability pending future cases.