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GLASS v. FORD MOTOR CO.

123 N.J. Super. 599 (1973)

304 A.2d 562

LOIS GLASS, WERNER GLASS AND DONALD GLASS, PLAINTIFFS, v. FORD MOTOR COMPANY AND WESTFIELD MOTOR SALES, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Mr. Leonard S. Sachar, for plaintiffs (Messrs. Sachar, Bernstein & Rothberg, attorneys).

Mr. Richard J. Badolato, for defendants Ford Motor Co. (Messrs. Morgan, Melhuish, Monaghan, McCoid and Spielvogel, attorneys).

Mr. Thomas G. Aljian, for defendant Westfield Motor Sales.

STEINBRUGGE, J.C.C., Temporarily Assigned.

This is a products liability action in which the plaintiffs allege that defendants breached implied warranties of merchantability and of fitness for a particular purpose under the Uniform Commercial Code. N.J.S.A. 12A:2-314, 12A: 2-315. Although not specifically pleaded by name, the theory of strict liability in tort, as set out in the Restatement, Torts 2d, § 402A, is equally applicable to the situation...

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