Reference no: EM132214314

Brandon Stroud was driving a golf cart made by Textron, Inc., to transport guests at a Christmas party. The golf cart did not have lights, but Textron did not warn against using it on public roads at night. When Stroud attempted to cross a road at 8:30 p.m., his golf cart was struck by a vehicle driven by Joseph Thornley. Stroud was killed. At the time of his death, Stroud was (unhappily) married to his second wife, Julie. They owned a home, which they had purchased several years earlier, taking title as joints tenants by the entirety. Stroud had 3 adult children from his previous marriage to Wendy. Stroud’s will, which he had just revised several weeks before his death, left all of his real and personal property (including the home he owned with Julie) to his children, specifically excluding his wife from any inheritance. The will appointed his son Michael as Executor. Stroud’s $250,000 life insurance policy named his ex-wife Wendy as the beneficiary. Stroud’s estate filed a suit against Textron, alleging strict product liability and product liability based on negligence and seeking $5,000,000 in damages. The charge was that the golf cart was defective and unreasonably dangerous. Stroud’s wife Julie filed a petition contesting the terms of Stroud’s will that left the home to his children and excluded her. Stroud’s Executor Michael sought to have the $250,000 life insurance policy paid to the estate. Discuss Textron’s best defense(s) against the estate’s lawsuit. What can Julie argue to support her challenge(s) against her late husband’s will? Who should receive the proceeds of the life insurance policy and why?