Alessi v. General Motors Corp.

Simons, J.P., and Moule, J. (dissenting).

This action was commenced in November, 1973. By his complaint, plaintiff seeks to recover for injuries he allegedly sustained in November, 1970 when he was struck by a 1965 Buick automobile manufactured by defendant corporation. He seeks $500,000 compensatory damages, plus lost wages and medical expenses, based upon causes of action sounding in negligence and breach of warranty, express and implied, and $500,000 punitive damages based upon two causes of action asserting defendant “acted with malice, willfullness, fraud and oppression towards the…