Document 0K9D9989Q0D5OOap0J1Da3On

1 materials, we are not going to request that a strict Page 3775 2 liability count be submitted to the jury. 3 In reviewing the law, it appears to us that 4 the strict liability count only works if we can 5 establish that Ford had some possession, control over 6 ability to test, component control over, et cetera, 7 the brake linings. 8 The testimony in the case is that the trucks 9 were all from the 1930s and '40s, none of them would 10 have had the original brakes on them when they -- 11 well, not that they wouldn't have had, but it is up in 12 the air as to whether they would have had any of the 13 original brakes on them, so we are not requesting that 14 a strict liability instruction be submitted to the 15 jury on the issue of the brake lining materials. 16 The theories and the principles of law we 17 are going forward on relate to Ford being negligent in 18 failing to provide warnings about the hazards 19 encountered when you change and install brakes 20 regardless of whose they were, whether they be Ford's 21 or any of the other substitute brake lining