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BARRY v. MANGLASS

55 N.Y.2d 803 (1981)

Jo A. Barry, an Infant, by Richard J. Barry, Her Parent and Natural Guardian, et al., Respondents, v. Gary A. Manglass et al., Defendants, and General Motors Corporation, Appellant. Robert J. McElroy et al., Respondents, v. General Motors Corporation, Appellant.

Court of Appeals of the State of New York.

Decided December 23, 1981.

Attorney(s) appearing for the Case

Roy L. Reardon, Otis M. Smith, James P. Barrett and Nicholas M. Cannella for appellant.

Ralph S. Joseph and Harry A. Fox for Jo Anne Barry and another, respondents.

Richard Narducci and Clarence A. Baracks for Robert J. McElroy and others, respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur in memorandum; Judge FUCHSBERG dissents and votes to reverse in an opinion.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The issue here is whether jury verdicts finding defendant General Motors Corp. liable to plaintiffs on negligence causes of action but not liable on strict liability claims were inconsistent. Given the manner in which the case was presented to the jury, it cannot be said that there was an inconsistency.

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