Harley v. General Motors Corp.

Felton, Chief Judge.

The gist of the action as to General Motors Corporation is that General Motors was negligent in manufacturing and causing to be sold a machine containing a latent defect which rendered the machine dangerous when operated. A latent defect is one which could not be discovered by the purchaser, user or injured party by the exercise of ordinary care. By its very nature a latent defect ceases to be latent when it is discovered. In order to recover under the theory of law relied on by the plaintiff here, the injury sued for must have occurred while the defect was still latent.…