Legal Opinion · Dissent
Duran v. General Motors Corp.
New Mexico Court of Appeals
Decided September 15, 1984No. 5690, 5693 and 5761Published
1DissentLopez, Judge
I respectfully dissent.
The majority opinion bases its reversal on two issues, namely: 1. The duty of GMC to the plaintiffs; and 2. Proximate cause.
The main holding of the majority opinion regarding GMC’s duty states that the cause of action for crashworthiness shall be based on negligence principles both for design as well as manufacturing defects.
I totally disagree with this holding. I conclude at the outset that crashworthiness represents not only an extension of strict products liability, but it is also an integral part of products liability law which our Supreme Court has recognized and…
2Cases cited15 opinions
- Erling David Larsen v. General Motors Corporation, a Delaware CorporationCourt of Appeals for the Eighth Circuit · 1968
- Alexander v. Delgado Ex Rel. DelgadoNew Mexico Supreme Court · 1973
- Barbara F. Evans, Personal Representative of the Estate of Roy Evans, Deceased v. General Motors CorporationCourt of Appeals for the Seventh Circuit · 1966
- Seattle-First National Bank v. TabertWashington Supreme Court · 1975
- Stang v. Hertz CorporationNew Mexico Supreme Court · 1972
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