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Nissen Corp. v. Miller

Court of Appeals of Maryland
594 A.2d 564 (1991)


Facts

Frederick Brandt (plaintiff) bought a treadmill designed, manufactured, and marketed by American Tredex Corporation (Tredex). Nissen Corporation (defendant) entered into an agreement with Tredex to purchase its assets, as well as some of its obligations and liabilities. The purchase agreement expressly excluded liability for injuries resulting from products previously sold by Tredex. Under the contract, Tredex would continue to operate for five years. Brandt was injured by the treadmill. Over a year later, Tredex was administratively dissolved. A year after that, Brandt sued Tredex and Nissen. The trial court dismissed Nissen on summary judgment. Brandt appealed, arguing that Nissen was liable as a successor to Tredex because it continued Tredex’s business operations. The appellate court reversed. This court granted Nissen’s petition for a writ of certiorari to determine whether it is liable to Brandt as Tredex’s successor.

Rule of Law

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Issue

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Holding and Reasoning (Chasanow, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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Dissent (Eldridge, J.)

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