Liability Law Preventing Further Pursuing of A Matter Discussion

Liability Law Preventing Further Pursuing of A Matter Discussion

Andy sues Ray Motors for injuries suffered while driving a used snowmobile that Ray Motors sold him. His suit is based on breach of warranty (a contract theory) and strict products liability (a tort theory). Ray Motors moves to dismiss the contracts claim on the ground that the state long-arm statute does not authorize jurisdiction over it. The judge concludes that the long-arm statute allows the suit against Ray Motors for the tort claim but not the contract claim and thus dismisses the breach of warranty claim. The case goes to trial on the strict liability claim. After Andy presents his evidence, the trial judge grants a directed verdict for Ray Motors on the ground that Andy has not presented sufficient evidence that the snowmobile was defective. Judgment for Ray Motors is entered. Later, Andy sues Ray Motors again, for the same injuries. This time, he bases his claim in this action solely on a negligence theory. Discuss what the outcome will be of Andy's second action.