Sumner v. General Motors Corp.

Plaintiffs appeal as of right from a judgment of no cause of action entered on September 4, 1992, in this action to recover for negligent manufacture of an automobile and breach of an implied warranty of fitness. Plaintiffs also appeal and defendant cross appeals from a March 11, 1993, order taxing costs against plaintiffs. We reverse.

Plaintiff Constance Sumner was seriously injured when the vehicle she was driving was hit nearly head-on by a vehicle operated by Tony Perkins after Perkins’ vehicle crossed the center line of the road. Trial testimony suggested Sumner’s vehicle, which had been…