macpherson v buick quimbee

MacPherson v. Buick Motor Company. NY Court of Appeals. o Pl - Macpherson. MacPherson v. Buick Motor Company won fame for taking down a privity barrier that stood between consumers and manufacturers of products that cause injury. plaintiff driving his friend to the hospital, when his suddenly collapsed due to a defective wheel. PLAY. DONALD C. MACPHERSON, Respondent, v. BUICK MOTOR COMPANY, Appellant. Evidence. In this case, a plaintiff was injured due to the sudden collapse of a wheel in his new Buick vehicle. When Plaintiff was operating the automobile, it suddenly collapsed, resulting in Plaintiff being thrown from the automobile and suffering injuries. January 7, 1914. This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public. A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. Case Brief MacPherson v. Buick Motor Co FACTS The defendant, a manufacturer of automobiles, sold a car to a retail dealer who then resold said car to the plaintiff. Buick sold the car to a dealership, who sold it to the plaintiff. When was the case? STUDY. The defendant is a manufacturer of automobiles. Buick v MacPherson. Buick claimed it wasn't liable because it didn't manufacture the wheel and wasn't in "privity" with the plaintiff. Summary: Buick Motor Co. (Defendant) was an automobile manufacturer that sold the injury-causing automobile to a retail dealer. Plaintiff was injured in an accident caused by a defect in the automobile’s wheel and Plaintiff sued Defendant for his injuries. CARDOZO, J. Reason. o The wheels of a car were made of defective wood.. o The car suddenly collapsed, the buyer was thrown out and injured.. o The wheels were purchased from another manufacturer.. Facts. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. 1916. Supreme Court of New York, Appellate Division, Third Department. Another Cardozo classic, MacPherson involved a car whose wheels collapsed. Court of Appeals of New York Argued January 24, 1916 Decided March 14, 1916 217 NY 382 CITE TITLE AS: MacPherson v Buick Motor Co. [*384] OPINION OF THE COURT. Rules. Donald C. MacPherson, Respondent, v Buick Motor Company, Appellant. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. MacPherson v. Buick Motor Company: Holding-NY Ct. of Appeals holds manufacturer has primary control over product design & safety.-Defects could have been discovered by reasonable inspection, which was omitted.-Buick is responsible for the finished product.-Judgment affirmed. It sold an automobile to a retail dealer. Rapaport, Lauren 5/6/2020 MacPherson v. Buick Motor Company Case Brief Facts Buick Motor Company (Defendant) sold one of their automobiles to a retail dealer, who went on to sell the automobile to MacPherson (Plaintiff). What court was it brought to? The retail dealer subsequently resold the vehicle to Donald C. MacPherson (Plaintiff). Basics of the case. Privity had offered liability-shelter to remote vendors; MacPherson destroyed that shelter when it held that nonprivy vendees have an entitlement to care and vigilance. MacPherson v. Buick Motor Co. (1916). While Mr. MacPherson was in the car, it suddenly collapsed, subsequently throwing him out causing injury. Macpherson v. Buick Motor Co. A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. o Df - Buick Motor Co. What happened? Plaintiff was seriously injured and sued Buick. CITE TITLE AS: MacPherson v Buick Motor Co. Motor vehicles Negligence ---Injury by defective wheel ---Liab-ility of manufacturer -- … o There is evidence that the defect could have been discovered by reasonable inspection and that the inspection was omitted. '' with the plaintiff a famous 1916 New York, Appellate Division, Third Department operating automobile. His friend to the sudden collapse of a wheel in his New Buick.. Been discovered by reasonable inspection and that the defect could have been discovered by macpherson v buick quimbee inspection and the... Inspection was omitted taking down a privity barrier that stood between consumers and manufacturers products... It suddenly collapsed, resulting in plaintiff being thrown from the automobile and suffering.... 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