Appeal from summary judgment dismissing a negligence action arising from an aircraft landing gear collapse allegedly caused by corrosion in a component part.
The appellant purchaser sought to avoid a contractual warranty package and exclusion clause, arguing that only certain warranty parts were accepted and that the exclusion did not extend to negligence or to a post-sale duty to warn.
The court held that the accepted warranty parts expressly incorporated Part 1, including a broad exclusion of all other liabilities occasioned by the manufacturer's negligence.
Applying the principle that contractual allocations of risk prevail over tort claims, the court concluded that the exclusion barred claims for negligent design, manufacture, and failure to warn.
Appeal dismissed with costs.
