Turner v. Bituminous Casualty Co.

Introduction

This is a products liability case.

After the transfer of the name, personnel, properties and products of a manufacturing corporation in a cash sale, and the corporation’s subsequent dissolution as a part of the acquisition plan, an injury occurred on a press manufactured and sold by that corporation prior to the corporate transfer. The purchasing corporation was sued in tort and defended on the basis that it was a corporate stranger to the manufacturer and hence not liable.

Where the corporate transfer involves either a merger or a de facto merger, the law is clear that liability…