Phipps v. General Motors Corp.
Court of Appeals of Maryland
363 A.2d 955 (1976)
- Written by Sean Carroll, JD
Facts
James Phipps (plaintiff) was driving a car manufactured by General Motors Corporation (GM) (defendant) when the accelerator stuck, causing the car to crash into a tree. Phipps brought suit against GM in federal district court on the ground of strict liability in tort. GM filed a motion to dismiss the claim because Maryland courts had not adopted the doctrine of strict liability in tort. The district court certified to the Court of Appeals of Maryland the question of whether Maryland courts recognized the doctrine. GM argued that the doctrine was unnecessary because the doctrine was substantially the same as the warranty provisions of the Maryland Uniform Commercial Code (UCC). GM also argued that the legislature was the proper body to implement the doctrine.
Rule of Law
Issue
Holding and Reasoning (Eldridge, J.)
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