California, United States of America
The following excerpt is from Gherna v. Ford Motor Co., 246 Cal.App.2d 639, 55 Cal.Rptr. 94 (Cal. App. 1966):
The question remains whether the record, considered in the light most favorable to plaintiff, established that he was using the automobile in the way it was intended to be used. As stated previously, plaintiff testified that the operated the car normally and the evidence was conflicting as to whether he had abused the transmission. We can only conclude that here again we have a jury question and the trial court erred in granting a nonsuit (Vandermark v. Ford Motor, supra, p. 261, 37 Cal.Rptr. 896, 391 P.2d 168).
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