Juarez v. ABC Motor Company (Los Angeles Superior Court)
This case involved death by carbon monoxide poisoning of three small children who were riding, unrestrained in the back of a pickup truck camper during a trip. The tail pipe and muffler had been adjusted by a muffler shop that had no insurance and was out of business.
A products liability action was brought against the manufacturer of the pickup truck because of its short tail pipe and hollow side panels which allowed carbon monoxide to pour into the pickup bed under the camper shell.
Defendant manufacturer did not recommend or put the camper shell on the body and therefore claimed it was not responsible. The camper shell manufacturer, who was a defendant, claimed it had no knowledge of carbon monoxide problems ever occurring. All defendants claimed that the father was comparatively negligent by placing three children in the bed of the pickup truck without seatbelts protected only by a fiberglass shell.