Ragland Mills, Inc. v. General Motors Corp.

HOGAN, Judge.

This is a products liability action based on the malfunction of a 1982 Cadillac automobile. The recovery sought by the plaintiff is limited to recovery for damage to the product itself and is sought on three alternative theories: (1) negligence; (2) breach of implied warranty of merchantability, and (3) strict liability in tort. The trial court directed a verdict for the defendant at the close of the plaintiffs case. The plaintiff appeals. We reverse and remand.

Preliminarily, some elementary principles bear restatement. The first is that if the plaintiff made a submissible case…