MacPherson v. Buick Motor Co.

Facts

Defendant was a car manufacturer who sold one of its cars to a retail dealer who then sold it to Plaintiff. One of the wheels was defective and collapsed, causing Plaintiff serious injury. The wheels on the car had not been made by Defendant, but had been bought by Defendant from another manufacturer and Defendant could have discovered the defect through a simple inspection. Plaintiff sued Defendant alleging negligence in failing to discover the defect. Defendant argued that it was not responsible for another manufacturer’s negligence in constructing the wheel and that it owed Plaintiff no duty of care since there was no privity of contract between Plaintiff and Defendant. Finally, Defendant claimed that an automobile should not be considered a dangerous item, so recovery should not extend to third parties. Plaintiff argued that recovery under a strict liability theory should extend to third parties when the product, if negligently made, is one which would be likely to cause serious injury or death to third parties coming into contact with it. The trial court found Defendant negligent for failing to inspect the wheel; that a car was a product that, if defective, could cause serious injury or death; and that the third party purchase of the automobile was foreseeable and likely. The court entered judgment for Plaintiff and Defendant appealed.