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SPRING MOTORS DISTRIBUTORS, INC. v. FORD MOTOR CO.

98 N.J. 555 (1985)

489 A.2d 660

SPRING MOTORS DISTRIBUTORS, INC., A CORPORATION, PLAINTIFF-RESPONDENT, v. FORD MOTOR COMPANY; CLARK EQUIPMENT COMPANY, A CORPORATION AND TURNPIKE FORD TRUCK SALES, INC., A CORPORATION, DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided March 28, 1985.

Attorney(s) appearing for the Case

J. Michael Nolan, Jr., argued the cause for appellants Ford Motor Company and Turnpike Ford Truck Sales, Inc., etc. (Pitney, Hardin, Kipp & Szuch, attorneys; J. Michael Nolan, Gail H. Allyn and Stephen V. Gimigliano, on the briefs).

Richard S. Zackin argued the cause for appellant Clark Equipment Company, etc. (Crummy, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Richard S. Zackin and John H. Klock, on the briefs).

Ronald Silber argued the cause for respondent (Krevsky & Silber, attorneys; Ronald Silber and Marianne Caulfield, on the briefs).

Cynthia J. Jahn, Assistant Counsel, submitted a brief on behalf of amicus curiae New Jersey School Boards Association (Paula A. Mullaly, General Counsel, attorney).

Robert C. Billmeier submitted a brief on behalf of amicus curiae United States Gypsum Company (Backes, Waldron & Hill, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The fundamental issue on this appeal concerns the rights of a commercial buyer to recover for economic loss caused by the purchase of defective goods. More specifically, the question is whether the buyer should be restricted to its cause of action under the Uniform Commercial Code (hereinafter U.C.C. or the Code) or should be allowed to pursue a cause of action predicated on principles of negligence and strict...

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