HYUNDAI MOTOR AMERICA, INC. v. GOODIN

No. 82S05-0406-CV-279.

822 N.E.2d 947 (2005)

HYUNDAI MOTOR AMERICA, INC., Appellant (Defendant below), v. Sandra GOODIN, Appellee (Plaintiff below).

Supreme Court of Indiana.

February 22, 2005.


Attorney(s) appearing for the Case

Julia Blackwell Gelinas, Robert B. Thornburg, Indianapolis, IN, Attorneys for Appellant.

Scott M. Cohen, John D. Barker, Chicago, IL, Attorneys for Appellee.


ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS; NO. 82A05-0303-CV-155.

BOEHM, Justice.

We hold that a consumer may sue a manufacturer for economic loss based on breach of the implied warranty of merchantability even if the consumer purchased the product from an intermediary in the distribution chain. There is no requirement of "vertical" privity for such a claim.

Facts and Procedural Background

On November 18, 2000, Sandra Goodin...

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