Thursday, October 8, 2020

Defendant's Reliance Upon Gist of the Action Doctrine Rejected



In the case of Weigold v. Ford Motor Company, No. 20-2141 (E.D. Pa. Sept. 1, 2020 Savage, J.), the court rejected an effort on the part of the Defendant to have part of a Plaintiff’s tort claims dismissed under the gist of the action doctrine.

The court ruled that the tort claims used against a vehicle seller for negligence and strict liability surrounding claims of improper installation, inspection, and servicing of the vehicles was electrical system, along with allegations of the sale of a defective vehicle, were found to be claims that rested upon socially based duties imposed upon manufacturers not to sell dangerous or defective products.

As such, the court found that these types of claims were not duplicative of any possible contract claims. Accordingly, the defense's reliance upon the gist of the action doctrine was dismissed.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's Order can be viewed HERE


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

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