Nancy Denny purchased a Bronco II, a small sport-utility vehicle (SUV) that was manufactured by Ford Motor Company. Denny testified that she purchased the Bronco for use on paved city and suburban streets and not for off-road use. When Denny was driving the vehicle on a paved road, she slammed on the brakes in an effort to avoid a deer that had walked directly into her SUV’s path. The Bronco II rolled over, and Denny was severely injured. Denny sued Ford Motor Company to recover damages for breach of the implied warranty of merchantability. Denny alleged that the Bronco II presented a significantly higher risk of occurrence of rollover accidents than did ordinary passenger vehicles. Denny introduced evidence at trial which showed that the Bronco II had a low stability index because of its high center of gravity, narrow tracks, and shorter wheelbase, as well as the design of its suspension system. Ford countered that the Bronco II was intended as an off-road vehicle and was not designed to be used as a conventional passenger automobile on paved streets. Has Ford Motor Company breached the implied warranty of merchantability? Denny v. Ford Motor Company, 87 N.Y.2d 248, 662 N.E.2d 730, 639 N.Y.S.2d 250, Web 1995 N.Y. Lexis 4445 (Court of Appeals of New York)
