Rex Crim is an International Harvester dealer from Henderson, Texas. At the request and expense of International Harvester, Crim traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the International Scout, designed to

Question

compete against the Jeep. Crim went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Crim and other dealers drove the vehicles and much dust resulted from their driving. A few weeks later Crim became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or "Valley Fever." Valley Fever is a disease well known to Arizona residents and most have had it if they have lived there over ten years. Newcomers are particularly vulnerable to the disease since the exposure to dust seems to build up immunity among the residents. Crim became quite ill and brought suit against International Harvester for its failure to warn him about the Valley Fever phenomenon before he came out to the testing grounds. Was International Harvester responsible for warning Crim? Is there negligence in the failure of International Harvester to warn Crim?

Answer 1

In Crim v. International Harvester Co., 646 F.2d 161 (5th Cir. 1981), the court held IH was liable since it had peculiar knowledge and Crim did not. IH did not exercise reasonable care in discovering the danger and then warning of that danger.