Battles v. Pierson Chevrolet, Inc.

(specially concurring).

I wish it clear that in my judgment there is a cause of action in Alabama for breach of warranty resulting in death. In defining damages for breach of warranty, the Alabama Commercial Code, § 2-714, states:

“Damages in an action for injury to the person include those damages ordinarily allowable in such actions at law.”

Narrow construction of this provision so as to allow recovery for non-fatal, but not for fatal injury, would defeat the legislative intent. See Title 7A, § 1-106, Code of Alabama 1940 (Recompiled 1958). It would bring back from the legal history *107museum the…