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General Motors Corp V Superior Court Supreme Court of  Form

General Motors Corp V Superior Court Supreme Court of Form

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it's well understood that you can't mix oil and water what about strict products liability and comparative negligence in a strict products liability action a manufacturer or distributor may be liable in tort if its product is defective the defect existed when the product left its hands and the defect caused a reasonably foreseeable injury to an end user but does a plaintiff's negligence reduce available damages under the doctrine of comparative negligence the supreme court of california sought to answer this question in the 1978 case of daily versus general motors corporation kirk daley was driving on a highway at 50 to 70 miles per hour when he collided with a metal divider fence upon impact the vehicle spun around the driver's side door opened and daly was forcibly ejected from the vehicle daley suffered fatal injuries daley's widow initiated a strict products liability lawsuit against the general motors corporation and other defendants involve

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