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ATTORNEYS FOR APPELLANTS
Eric A. Riegner Nelson D. Alexander Locke Reynolds LLP Indianapolis, Indiana

ATTORNEY FOR APPELLEE
Mark J. Piasecki South Bend, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 20S03-0610-CV-350 FORD MOTOR COMPANY AND EBY FORD LINCOLN MERCURY A/K/A EBY FORD SALES, INC., Appellants (Defendants below), v. MARILYN RUSHFORD, Appellee (Plaintiff below). _________________________________ Appeal from the Elkhart Superior Court, No. 20D01-0404-CT-296 The Honorable L. Benjamin Pfaff, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 20A03-0506-CV-293 _________________________________ June 29, 2007 Rucker, Justice.

Summary

A retail merchant has a duty to warn a buyer of the danger posed by a product it sells. However, absent special circumstances not present in this case, if the manufacturer provides adequate warnings of the danger of the product and the seller passes these warnings along to the buyer or consumer, then the seller has discharged its duty to warn.
Facts and Procedural History

In May 2002, along with her husband, then seventy-year-old Marilyn Rushford purchased a new 2002 Ford Focus Wagon from Eby Ford Lincoln Mercury a/k/a Eby Ford Sales, Inc. ("Eby"). When the couple bought the car, Rushford informed the Eby salesperson that she had never driven an automobile. The car contained the following warning that was visible when the passenger side visor was placed in the down position:

! WARNING DEATH or SERIOUS INJURY can occur

Download Ford Motor Company and Eby Ford Lincoln Mercury a/k/a Eby Ford Sales, Inc. v. Ma

Indiana Law