HAS THE RULE OF MacPHERSON V. BUICK BEEN ADOPTED
IN INDIANA?
Indiana presumably has aligned itself with the majority of other
jurisdictions in the assault on the "citadel of privity." The United States
Court of Appeals for the Seventh Circuit, interpreting the law of Indiana
in the case of Elliot v. General Motors Corp.,' recently held that privity
of contract is not a necessary element in order to state a cause of action
against a manufacturer and recover for injuries suffered as a result of
the negligent manufacture of a defective product.
The plaintiff in the Elliot case was employed as an automobile me-
chanic by a Chevrolet distributor. The defendant manufactured and sold
an automobile to the distributor who in turn sold it to a consumer. A
short time later it was taken to the distributor for some minor repairs
which required the plaintiff to loosen certain bolts underneath the auto-
mobile. This necessitated reaching through an opening in a splash shield
designed by the defendant to permit access to the automobile engine by a
mechanic. The opening was defectively formed in that it had a sharp
knife-like edge which was concealed from view. Plaintiff's hand slipped
from a wrench with which he was loosening the bolt, came into contact
with the sharp edge of the opening, and he sustained a severe injury to
his arm.
Assuming negligence, since the appeal arose from the district court's
dismissal of the complaint on the ground that it failed to state a claim
upon which relief could be granted, the court postulated the issue as
1. 296 F.2d 125 (7th Cir. 1961).