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FORD MOTOR CO. v. RUSHFORD

No. 20S03-0610-CV-350.

868 N.E.2d 806 (2007)

FORD MOTOR COMPANY and Eby Ford Lincoln Mercury a/k/a Eby Ford Sales, Inc., Appellants (Defendants below), v. Marilyn RUSHFORD, Appellee (Plaintiff below).

Supreme Court of Indiana.

June 29, 2007.

Attorney(s) appearing for the Case

Eric A. Riegner, Nelson D. Alexander, Locke Reynolds LLP, Indianapolis, IN, Attorneys for Appellants.

Mark J. Piasecki, South Bend, IN, Attorney for Appellee.

On Petition To Transfer from the Indiana Court of Appeals, No. 20A03-0506-CV-293

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...

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