Identify the following from the case given in attachment

Parties(plaintiff defendant)

Facts

Issue

Arguments of the parties

Decision and arguments of the Court(conclution)

Denny v. Ford Motor Co. 662 N.E. 2d 730 (Ct. App. N.Y. 1995) FACTS use often necessitates climbing over obstacles such as fallen Nancy Denny was severely injured when the Ford Bronco II logs and rocks, While utility vehicles are traditionally con- that she was driving rolled over. The accident occurred when Denny slammed on her brakes in an effort to avoid a deer that siderably larger than passenger cars, some manufacturers had walked directly into her motor vehicle's path. Denny and have created a category of down-sized "small" utility vehi- her husband brought an action against Ford Motor Company, cles, which are designed to be lighter, to achieve better fuel economy, and to appeal to a wider consumer market. The the vehicle's manufacturer, asserting a claim for, among other Bronco Il in which Denny was injured falls into this category. things, breach of the implied warranty of merchantability. Denny produced evidence showing that small utility The evidence at the trial centered on the particular char- vehicles in general, and the Bronco II in particular, present acteristics of utility vehicles, which are generally made for a significantly higher risk of rollover accidents than do ordi- off-road use on unpaved and often rugged terrain. Such nary passenger automobiles. She showed that the Bronco ( continued)Denny v. Ford Motor Co. (concluded) Il had a low stability index attributable to its high center the vehicle's "suitability for commuting and for suburban of gravity and relatively narrow track width. The vehicle's and city driving." Additionally, the vehicle's ability to switch shorter wheel base and suspension system were additional between two-wheel and four-wheel drive would "be partic- factors contributing to its instability. Ford had made minor ularly appealing to women who may be concerned about design changes in an effort to achieve a higher stability driving in snow and ice with their children." The Dennys index, but none of the changes produced a significant testified that the perceived safety benefits of its four-wheel improvement in the vehicle's stability. drive capacity were what attracted there to the Bronco I Ford argued at the trial that the design features of which and that they were not at all interested in its off-road use. Denny complained were necessary to the vehicle's off- road capabilities. According to Ford, the vehicle had been ISSUE intended to be used as an off-road vehicle and had not Did Ford breach the implied warranty of merchantability been designed to be sold as a conventional passenger auto- when it sold the Bronco Il for use as an on-road vehicle mobile. Ford's own engineer stated that he would not rec- when it had a propensity to roll over in such use? ommend the Bronco Il to someone whose primary interest DECISION was to use it as a passenger car, because the features of a Yes. The law implies a warranty by a manufacturer that four-wheel drive utility vehicle were not helpful for that pur- places its product on the market that the product is reason- pose and the vehicle's design made it inherently less stable. ably fit for the ordinary purpose for which it was intended. A Ford marketing manual, however, predicted that Here the Dennys claim that the Bronco was not fit for its many buyers would be attracted because utility vehicles were "suitable to contemporary life styles" and were "con- ordinary purpose because of its alleged propensity to roll over and the lack of warnings to the consumer of this pro- sidered fashionable" in some suburban areas. According to the manual, the sales presentation should take into account pensity. The jury found that Ford had breached the implied warranty of merchantability