Denny v. Ford Motor Co.
New York Court of Appeals
1DissentSimons, J.
I agree with the majority that causes of action in strict products liability and breach of implied warranty are not identical. In my view, however, the strict products liability claim is substantively broader than and encompasses the implied warranty claim and, thus, the jury’s verdict of no defect in the products liability cause of action is not reconcilable with its finding of breach of implied warranty. Accordingly, I would answer the first two questions certified to the Court no and yes and find it unnecessary to answer the third question.
I
Liability without fault may be imposed against a…
2Cases cited27 opinions
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Micallef v. Miehle Co.New York Court of Appeals · 1976
- Codling v. PagliaNew York Court of Appeals · 1973
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
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