Legal Opinion

Blankenship v. General Motors Corp.

West Virginia Supreme Court

Decided June 27, 1991No. 19949PublishedCited by 16 opinions

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

  1. Complete Auto Transit, Inc. v. BradySupreme Court of the United States · 1977
  2. Greenman v. Yuba Power Products, Inc.California Supreme Court · 1963
  3. Bradley v. Appalachian Power Co.West Virginia Supreme Court · 1979
  4. Armco Inc. v. HardestySupreme Court of the United States · 1984
  5. Morningstar v. Black & Decker Manufacturing Co.West Virginia Supreme Court · 1979

23 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Garnes v. Fleming Landfill, Inc.West Virginia Supreme Court · 1991
  2. Brooks v. Beech Aircraft Corp.New Mexico Supreme Court · 1995
  3. Estep v. Mike Ferrell Ford Lincoln-Mercury, Inc.West Virginia Supreme Court · 2009
  4. Tracy v. CottrellWest Virginia Supreme Court · 1999
  5. Polston v. Boomershine Pontiac-GMC Truck, Inc.Supreme Court of Georgia · 1992

11 more not listed; retrieve them via the Exa API.

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