New York Court of Appeals

Nancy Denny, Plaintiffs v. Ford Motor Company, Defendant

December 5, 199587 N.Y.2d 248

Summary

The New York Court of Appeals answered three certified questions, holding that strict products liability and breach of implied warranty are not identical, that the strict liability claim does not subsume the warranty claim, and that a jury's verdict of no defect on strict liability can be reconciled with a finding of breach of warranty. Justice Simons dissented, arguing the warranty claim is encompassed by strict liability and the verdicts are irreconcilable.