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Guerrero v. Allison Engine Company3/22/2000
ks and costs of injuries allegedly caused by the enhanced engine diffuser, and whether it is fair to impose liability upon Allison for an allegedly defective part manufactured by GM.
Conclusion
The product line exception may be an appropriate means by which to balance the seemingly juxtaposed concepts of strict liability under the Indiana Product Liability Act, and freedom of contract - long supported by common law, as well as both state and federal constitutions. However, considering that the predecessor corporation continues to exist, the inequities which would warrant our full consideration of this proposed fifth exception to successor non-liability under Indiana law are not present. Accordingly, Guerrero and Laguna's Complaint against Allison neither alleges facts to which the four generally accepted exceptions to the successor non-liability rule apply, nor asserts claims from which this Court need consider applying a legal theory novel to the state of Indiana. Thus, the trial court's grant of summary judgment in favor of Allison is affirmed.
Affirmed.
NAJAM, J., and MATTINGLY, J., concur.
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