Gladden v. Cadillac Motor Car Division

The opinion of the Court was delivered by

HANDLER, J.

Plaintiff seeks to recover from Uniroyal, Inc. (hereinafter “Uniroyal”), a national automobile tire manufacturer, property damages for the total loss of her automobile based upon breach of express warranty covering the automobile’s tires. Plaintiff claimed that the right rear tire failed while the car was being driven by her brother, causing the car to leave the road and strike a guardrail and tree. Uniroyal disputed that the tire’s failure under the circumstances constituted a breach of its warranty. It also asserted that, in any event, its…