McCarty v. E.J. Korvette, Inc.
Court of Special Appeals of Maryland
347 A.2d 253 (1975)
Frances McCarty (plaintiff) bought tires from E.J. Korvette, Inc. (defendant) under a warranty covering 36,000 miles against all road hazards, including blowout, with Korvette's remedy limited to replacing a failed tire and expressly excluding consequential damages. One of McCarty's tires blew out while under warranty and injured her, and she sued for breach of warranty; at trial Korvette offered no evidence that its consequential-damages limitation was not unconscionable, and the trial court granted Korvette a directed verdict.
Whether, if a court finds a limitation of remedy in a sales contract for consumer goods to be unconscionable, the court may strike any single clause or group of clauses tainted by it so as to avoid unconscionable results.