Viola Gladden, Plaintiff-Respondent v. Cadillac Motor Car Division, General Motors Corporation, a Corporation…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's decision that Uniroyal's tire guarantee constitutes an express warranty and that the limitation of liability clause within that guarantee is unenforceable because it is not clear, conspicuous, and is unconscionable. Accordingly, the court ordered a new trial on the breach of warranty claim. The decision also clarified that the presumption of unconscionability under N.J.S.A. 12A:2-719(3) applies only to personal injury damages, not property damages.