General Motors Corporation v. Brewer

966 S.W.2d 56 (1998)

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Nature of the Case

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Facts

Ps sued D over cars that have an automatic, non-motorized, passive, three-point restraint system employing door-mounted restraint retractors. The system is not automatic as advertised. A person must disengage the retractors to enter and exit the vehicle conveniently and efficiently, therefore it is, therefore, neither automatic nor passive. Ps sued Ds for breach of implied warranty of merchantability and breach of express warranties. D got summary judgment, and the court of appeals reversed the breach of warranty claim. D appealed.