Tosh v. Scott

The captioned cases present a single issue and are consolidated for the purpose of determination. The issue presented for review is whether a cause of action exists for the negligent sale of an automobile. The trial court determined that no cause of action existed and granted in each case the defendant Martin J. Scott’s motion for a summary judgment.

These cases arose out of an automobile accident which involved an automobile driven by the plaintiff Anna Tosh in which plaintiff Mallder’s decedent, namely Cynthia Jo Mallder, was a passenger. The vehicle was involved in a collision with an…