Blankenship v. General Motors Corp.
West Virginia Supreme Court
1Opinion of the Court
NEELY, Justice:
In this case the United States District Court for the District of Maryland has certified the following question to us:
Does a complaint against the seller of a motor vehicle state a cause of action under West Virginia law if the complaint does not allege that a vehicle defect caused a collision, but does allege that the injuries sustained by the occupant as a result of the collision were enhanced by a design defect in the vehicle?
We answer the certified question in the affirmative, and like all of our sister states, we now explicitly adopt the “crashworthiness doctrine.” 1
There…
2Cases cited28 opinions
- Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
- Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
- Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
- Armco Inc. v. HardestySupreme Court of the United States · 1984
- Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979
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3Cited by16 opinions
- Garnes v. Fleming Landfill, Inc.West Virginia Supreme Court · 1991
- Brooks v. Beech Aircraft Corp.New Mexico Supreme Court · 1995
- Estep v. Mike Ferrell Ford Lincoln-Mercury, Inc.West Virginia Supreme Court · 2009
- Tracy v. CottrellWest Virginia Supreme Court · 1999
- Polston v. Boomershine Pontiac-GMC Truck, Inc.Supreme Court of Georgia · 1992
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