Liability of Automobile Manufacturers for Unsafe Design of Passenger Cars

S INCE the epic decision of Mr. Justice Cardozo in the MacPherson case,' the courts have increasingly recognized that the manufacturer of a chattel has a duty of care to the ultimate consumer or user.2 So completely has this principle of law come to be accepted that in a recent case the defendant, General Motors Corporation, did not dispute its legal obligation to an ultimate user not in privity, and Judge Goodrich noted that "this principle has now become so well established that it would be sheer affectation to pile up citation of decisions upon it." 3 Manufacturers have been held liable for injuries caused by vehicles sold with a wide array of defects.4 Where the alleged defect was one of design rather than construction, however, the courts have long seemed reluctant to impose liability on the manufacturer.5 An exception has been an occasional case involving breach of an express warranty where the equities strongly favored the injured plaintiff who had purchased an automobile in reliance on a false assurance as to