Fleetwood Enterprises, Inc. v. Progressive Northern Insurance
Indiana Supreme Court
1Opinion of the Court
ON PETITION FOR TRANSFER
BOEHM, Justice.
In Progressive Insurance Co. v. Ford Motor Co., 749 N.E.2d 484, 486 (Ind.2001), we held that the Products Liability Act does not support an action based on a defect in a product where the only damage is to the product itself. In this case a defect in the product is alleged to have damaged both the product itself and also other property. We hold that personal injury and damage to other property from a defective product are actionable under the Act, but their presence does not create a claim under the Act for damage to the product itself.
On January 6,…
2Cases cited11 opinions
- Wooley v. StateIndiana Supreme Court · 1999
- Smith v. United States Gypsum Co.Supreme Court of Oklahoma · 1980
- Martin Rispens & Son v. Hall Farms, Inc.Indiana Supreme Court · 1993
- Reed v. Central Soya Co., Inc.Indiana Supreme Court · 1993
- Canfield v. SandockIndiana Supreme Court · 1990
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3Cited by18 opinions
- Gunkel v. Renovations, Inc.Indiana Supreme Court · 2005
- Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C.Indiana Supreme Court · 2010
- Control Techniques, Inc. v. JohnsonIndiana Supreme Court · 2002
- Estate of Dyer v. DoyleIndiana Court of Appeals · 2007
- Franciose v. JonesIndiana Court of Appeals · 2009
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