On February 28, 2005, David Dobrovolny purchased a 2005 F-350 pickup truck which had been manufactured by Ford Motor Co. The truck caught fire in Dobrovolny's driveway on April 16, 2006. No one was physically injured, and no property other than the truck was damaged. The truck was completely destroyed. Dobrovolny filed suit against Ford on May 20, 2009. In his complaint, Dobrovolny alleged that the defective nature of the truck caused it to catch fire. He pleaded three alternative claims-breach of the implied warranty of merchantability, negligence, and strict liability-in an effort to recover damages for the loss he sustained as a result of purchasing a defective truck. Ford filed a motion to dismiss each of the claims. On what basis would Ford have argued that the breach of implied warranty of merchantability claim should be dismissed? On what basis would Ford have argued that the negligence and strict liability claims should be dismissed? How did the court rule on Ford's motion to dismiss?
Answer to relevant QuestionsMatthew Kovach, a nine-year-old child, was admitted to Surgicare, LLC (Surgicare), to undergo a scheduled adenoidectomy. While he recovered in the ambulatory surgery center, a nurse administered Capital of Codeine, an ...Cavenish Farms owns a potato processing facility. Mathiason Farms and Valley View Farms ("the Growers") are in the business of raising potatoes. In 2005, Cavenish and the Growers entered into contracts whereby each of the ...Haralambos Fekkos purchased from Lykins Sales & Service a Yammar Model 165D, 16-horsepower diesel tractor and various implements. On Saturday, April 27, Fekkos gave Lykins a check for the agreed-on purchase price, less ...Bernice Paset, a customer of the Old Orchard Bank, found $6,325 in currency on the seat of a chair in an examination booth in the bank's safety-deposit vault. The chair was partially under a table. Paset notified officers of ...Custer owns about 97 acres of land in Bedford County, where he operates a nursery business. In March 2001, he bought a used greenhouse for $1,500, disassembled it, transported it by flatbed truck to his property, and stored ...
Post your question