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CODLING v. PAGLIA

32 N.Y.2d 330 (1973)

Marcia Codling et al., Respondents, v. Christino Paglia et al., Appellants. (Action No. 1.) Christino Paglia, Respondent, v. Chrysler Corporation, Appellant. (Action No. 2.)

Court of Appeals of the State of New York.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Sheila L. Birnbaum, Howard Lester, Emile Z. Berman and A. Harold Frost for Chrysler Corporation, appellant.

Neil Hesson, Jr. for Christino Paglia in Action No. 1, appellant.

John T. DeGraff, Jr., Carroll J. Mealey and Frederick C. Riester for respondents in Action No. 1.

Harvey M. Lifset for respondent in Action No. 2.

Chief Judge FULD and Judges BURKE, BREITEL and GABRIELLI concur with Judge JONES; Judge JASEN concurs in a separate opinion in which Judge WACHTLER concurs.

JONES, J.

We hold that today the manufacturer of a defective product may be held liable to an innocent bystander, without proof of negligence, for damages sustained in consequence of the defect.

On August 2, 1967, a clear, dry day, Christino Paglia was driving his Chrysler automobile southerly on Route 144 just south of Albany, when suddenly the vehicle crossed the solid double line into the northbound...

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