Plantiff and Appellant
ACME, KM, and STE
The City of Albany decided to upgrade a fleet of repair trucks in order to respond to pothole fixing. ACME manufactured a cab and chassis of a truck that was then sold to Keefer Motors. Keefer Motors sold the truck unchanged to the City of Albany. No discussion by ACME or Keefer Motors had taken place with the City as to what the city would do with the truck. Susan’s Truck Equipment was contracted by the city to add a dump bed and hoist and the truck was modified and redelivered to the City of Albany; the truck was accepted and put into immediate use. Sarah and Emma are city employees and Sarah was injured when Emma backed up the pothole truck over her. Sarah was seriously injured and is suing ACME, Keefer Motors and Susan’s Truck Equipment, arguing that the truck was defective and unreasonably dangerous because the defendants did not advise the City of Albany to install a back-up alarm and they failed to install a back-up alarm.
Statement of Plaintiff’s Argument:
Sarah is suing ACME for implied warranty of merchantability and negligence, claiming that ACME should have installed the safety back up alarm because they should know about the reverse probability for the truck and the visual allowance. The Plaintiff asserts that Keefer Motors is in breach of duty and failure of warranty of merchantability by failing to warn the City of Albany of the necessity of installing a back-up alarm by failure of inspecting the vehicle prior to selling it to the city. The Plaintiff also claims Keefer Motors knew the intended use of the truck by City of Albany. Additionally, the Plaintiff claims that Susan’s Truck Equipment should be held accountable for breach of implied warranty of fitness because upon altering the truck for a dump bed and hoist they too should have seen the need for a warning system. The Plaintiff further declares that the truck was in defective condition by being unreasonably