![]() ![]() ![]() The facts are not complicated, but a general outline of them is necessary to an understanding of the case. The matter was certified by this court prior to consideration in the Appellate Division. Defendants appealed and plaintiffs cross-appealed from the dismissal of their negligence claim. Verdicts were returned against both defendants and in favor of the plaintiffs. At the trial the negligence counts were dismissed by the court and the cause was submitted to the jury for determination solely on the issues of implied warranty of merchantability. The complaint was predicated upon breach of express and implied warranties and upon negligence. Her husband joined in the action seeking compensation for his consequential losses. His wife, plaintiff Helen Henningsen, was injured while driving it and instituted suit against both defendants to recover damages on account of her injuries. Henningsen purchased a Plymouth automobile, manufactured by defendant Chrysler Corporation, from defendant Bloomfield Motors, Inc. 10 The opinion of the court was delivered by FRANCIS, J. Schreiber, Lancaster & Demos, attorneys Mr. Schreiber argued the cause for defendant Chrysler Corporation ( Messrs. ![]() Parsonnet, Weitzman & Oransky, attorneys). Samuel Weitzman argued the cause for defendant Bloomfield Motors, Inc. Bernard Chazen argued the cause for plaintiffs ( Mr. HENNINGSEN AND HELEN HENNINGSEN, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS,īLOOMFIELD MOTORS, INC., AND CHRYSLER CORPORATION, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS. ![]()
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