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McCarty v. E.J. Korvette, Inc.

Court of Special Appeals of Maryland
347 A.2d 253 (1975)

Written by Sean Carroll, JD

Facts

Frances McCarty (plaintiff) bought tires from E.J. Korvette, Inc. (Korvette) (defendant). The sales contract stated that the tires were guaranteed for 36,000 miles against all road hazards, including blowout. The warranty stated that if a tire failed, Korvette would replace the tire. The warranty also stated that Korvette would not be liable for consequential damages, and otherwise limited Korvette’s liability to the replacement of damaged tires. One of McCarty’s tires blew out while under warranty, causing injury to McCarty. McCarty brought suit for breach of warranty. At trial, Korvette presented no evidence that its limitation of consequential damages was not unconscionable. The trial court granted Korvette’s motion for a directed verdict. McCarty appealed.

Rule of Law

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Issue

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Holding and Reasoning (Davidson, J.)

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