Nissen Corp. v. Miller
Court
of Appeals of
323
Hamiltion,
pp. 375-379
Facts: The plaintiff bought a
treadmill from American Tredex. Soon
after that purchase, Nissen bought the company, but excluded assuming any tort liability. Five years later, the plaintiff was injured
while using the treadmill. A year or so
after that, American Tredex was officially dissolved. Almost a year after that, the plaintiff sued
American Tredex and Nissen. Nissen won summary
judgment, but the plaintiff appealed.
The Court of Special Appeals reversed the trial court, and Nissen appealed
to the Court of Appeals of
Issue: Should the court adopt the “general
rule of nonliability of successor corporations” with the four “traditional
exceptions”, or should it add an exception for “continuity of enterprise”?
Rule: NEW RULE, in
Analysis: The petitioners and
respondents put forth some different juicy policy arguments. If only I had more time to brief them!
Conclusion: Nissen is found to be not liable
as a corporate successor.