New York Court of Appeals
Marcia Codling v. Christino Paglia, (Action No. 1.) Christino Paglia v. Chrysler Corporation, (Action No. 2.)
May 3, 197332 N.Y.2d 330
Summary
Judge Jasen concurs with the Court of Appeals' recognition of strict products liability for nonpurchasers and nonusers, but argues that New York's contributory negligence rule should be abandoned in favor of a comparative fault system. He bases this view on policy considerations, scholarly literature, and the trend toward comparative negligence in other jurisdictions.