The moving party, a used car dealership, brought a motion for summary judgment to dismiss the main action and crossclaim against it arising from a motor vehicle accident.
The plaintiff was severely injured when a tire exploded while pushing a vehicle purchased from the moving party.
The responding party relied on the implied condition of merchantability under the Sale of Goods Act, alleging the vehicle's electronic traction control system was defective at the time of sale.
The court dismissed the motion, finding a genuine issue requiring a trial regarding the operability of the traction control system at the time of sale and the risk of inconsistent findings of fact.
