vRide, Inc. v. Ford Motor Co.
Dallas Court of Appeals, No. 05-15-01377-CV (February 2, 2017)
Justices Bridges, Lang-Miers (Opinion linked here), and Stoddart
Ford denied any duty to indemnify, arguing the case against vRide was one for negligent misrepresentation, not products liability, and both the trial court and the Dallas Court of Appeals agreed. A products liability action is one in which the plaintiff alleges a product contained a defect, was unreasonably dangerous, or presented an unreasonable risk of harm. Plaintiffs here alleged that vRide “misrepresented the presence of safety features on the vehicles it provides in its lease programs and promised that its vehicles had certain safety features when they did not.” The Court noted that the Cernoseks would not have to prove the van was defective, only that it was not what vRide promised. So it was not a products liability action, and Ford had no duty to indemnify vRide. The Court, therefore, affirmed summary judgment in favor of Ford and against vRide.