Denny v. Ford Motor Co.
Court of Appeals of New York
639 N.Y.S.2d 250 (1995)
Nancy Denny (plaintiff) was severely injured when her Ford Bronco II rolled over after she braked to avoid a deer, and evidence showed the vehicle's high center of gravity and narrow track made it prone to rollovers despite Ford's (defendant) marketing it to suburban and city commuters as an on-road vehicle; the jury found for Ford on strict products liability but for the Dennys on breach of implied warranty of merchantability, awarding $1.2 million, and the court of appeals certified to the New York Court of Appeals whether the two causes of action were legally identical.
Whether, in New York, causes of action for strict products liability in tort and breach of implied warranty of merchantability under the Uniform Commercial Code are identical.