A vehicle manufacturer is required to take precautions against negligent driving; where the record does not contain legally sufficient evidence regarding the alleged negligent conduct of the driver, the misuse defense may not be presented to the jury. Ricci v. AB Volvo et al., NO. 03-15635, U.S. Court of Appeals for the Ninth Circuit, July 27, 2004.

In 1997, a Volvo 740 operated by Ricci drifted off the highway and rolled over three times. Ricci suffered spinal compression from the crushed roof and was rendered quadriplegic. Ricci commenced an action against Volvo, alleging that the roof did not sufficiently withstand the impact of a rollover and that the seat belt system was defective. Volvo argued that Ricci’s negligence caused the accident.

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