Marcia Codling et al., Respondents, v. Christino Paglia et al., Appellants. (Action No. 1.); Christino Paglia, Respondent, v. Chrysler Corporation, Appellant. (Action No. 2.), 32 N.Y.2d 330

Summary

Plaintiffs injured in a motor vehicle accident sued defendant driver of the offending vehicle in negligence; and defendant car manufacturer in negligence and breach of warranty. Defendant driver cross-claimed against defendant manufacturer to recover over any judgment returned against him in favor of plaintiffs. In a second action, defendant driver sued defendant manufacturer in negligence and warranty. The court held that there was ample evidence in the record to support the factual determinations made by the jury, that defendant manufacturer breached its implied warranty of merchantability and fitness, and that such breach was a proximate cause of the accident. The court extended defendant manufacturer's liability for such breach to plaintiffs, nonuser innocent bystanders with respect to the vehicle. On the second action the court reversed the judgment in favor of defendant driver and remanded for a new trial. The jury found no negligence but returned a verdict in defendant driver's ...