Wasik v. Borg case brief

Wasik v. Borg case brief summary
423 F.2d 44 (1970)

CASE SYNOPSIS

Appellant, a motor company, appealed from a judgment that found appellant liable for damages sustained by appellee in an automobile accident with another driver.

CASE FACTS
An individual rammed into a vehicle operated by appellee, and appellee sued him. The individual served a third-party complaint on appellant, the motor company, alleging that the accident was due to a dangerous defect in the design or manufacture of the automobile, which had caused it to accelerate suddenly. Judgment was entered for appellee.

DISCUSSION

• On appeal, the court affirmed. Appellant contended it was improper to hold it directly liable to appellee because appellant was a mere third-party defendant whose liability was contingent on the liability of the individual who hit appellant. 
• The court found appellee's failure to amend his complaint to include a claim against the motor company did not require reversal. 
• The complaint still put appellant on notice that it would be called to account for alleged defects in its product leading to the accident. 
• Additionally, there was evidence that the vehicle was in a defective condition when sold.

CONCLUSION
The court affirmed, finding appellee's failure to amend his complaint to include a claim against the motor company did not require reversal.


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