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Products Liability Keyed Owen, 8th Ed.
Phipps v. General Motors Corp.
Citation:
363 A.2d 955 (1976)Facts
James Phipps, an employee in the service department of Marbert Motors in Annapolis, Maryland, was test driving a 1972 Pontiac automobile on November 1, 1972, when the vehicle’s accelerator allegedly became stuck without warning. This caused the automobile to accelerate suddenly at a high rate of speed, leave the road, and crash into a tree, resulting in injuries to Phipps. The Pontiac had been delivered to Marbert Motors for servicing. Phipps and his wife filed suit against General Motors, alleging that the accident was caused by latent defects in the automobile’s accelerator mechanism, carburetor components, and motor mounts. The complaint contained six counts: negligent design and manufacture, breach of express and implied warranties, strict liability in tort, and three corresponding counts for loss of consortium. General Motors moved to dismiss the strict liability counts, arguing Maryland had not adopted this theory, and the loss of consortium count based on breach of warranty, claiming that a marriage relationship was not a “natural person” who could be “injured in person” under the UCC.
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