Wilke v. Woodhouse Ford, Inc.

Elizabeth Wilke (plaintiff) bought a used van from Woodhouse Ford (defendant) sold as is; on the day of purchase, her three-year-old daughter pulled the van out of park, and it ran over Wilke's foot and leg with no key in the ignition. Wilke and her husband sued Woodhouse for negligence, alleging it failed to reasonably inspect the van for safety defects before selling it, and the trial court granted Woodhouse summary judgment; the Wilkes appealed.

Whether the existence of a legal duty in a negligence case is determined by applying a risk-utility test, and whether such a duty requires a used-car dealer to inspect for patent safety defects before sale.