This is also true with respect to property claims and actions for breach of contract, which are actionable in the family context. In response, Asplundh and Boyles point to deposition testimony of Martin Chevrolet employees, including Beattie, to the effect that the “personal use” restriction in the Demonstrator Agreement was never enforced. See id. Begin typing to search, use arrow keys to navigate, use enter to select. Beattie v. United States, 592 F. Supp. 23. Id. First, placement of a defective product into the “stream of commerce” is not, in Delaware, the only trigger for the application of strict liability.31 Second, it appears that the argument is really a matter of extraneous semantics. Under the Doctrine, the married couple will have to pay these huge expenses, instead of relying on insurance proceeds. We realize that marital harmony is lacking where spouses intentionally harm one another. These claims are not at issue in the motion sub judice. Here, third-party plaintiffs have urged the Court to conclude that the Demonstrator Agreement reflects a lease transaction. 2. Find Violet Beattie in the United States. Our decision to abrogate the Doctrine applies to any injury which is negligently caused. Coffindaffer v. Coffindaffer, W.Va.Supr., 161 W.Va. 557, 244 S.E.2d 338, 343 (1978). As previously stated, the risk of collusion is not unique to interspousal litigation. 21. Cline v. Prowler Indus. Martin Chevrolet contends that Beattie's use of the demonstrator vehicle for a personal vacation was in clear violation of the express terms of the Demonstrator Agreement. Woods, Jr. (argued), Wilmington, amicus curiae on behalf of the Delaware Trial Lawyers Ass'n. Golt, 644 A.2d at 992-93 (finding that amusement operator transferred possession and control of go-cart to patrons once patrons began to operate the go-carts on the track in compliance with the terms of the bailment). v. In Plotkin, the Superior Court adopted the Doctrine primarily on the belief that upon marriage, the identity of the wife merged with that of the husband. It is well settled that the judiciary has the power to overturn judicially-created doctrine, so long as that doctrine has not been codified in a statute. Hack v. Hack, Pa.Supr., 495 Pa. 300, 433 A.2d 859, 866 (1981). 3. The Court concludes, therefore, that Martin Chevrolet represented to the general public, including Mrs. Beattie, that the vehicle was fit for its intended purpose. Both parties predicate their arguments on the notion that Delaware courts will recognize the doctrine of strict liability only in the context of defective products distributed for public consumption by means of a lease or bailment transaction. (footnotes omitted). Golt, 644 A.2d at 992 (citing Lee Tire and Rubber Co. of the State of N.Y. v. Dormer, Del.Supr., 108 A.2d 168, 170-71 (1954)). Margaret Beattie, Michael Beattie's wife, occupied the rear center seat of the vehicle and suffered serious injuries in the accident. *1098 The validity of the Doctrine has been called into question. at 162. Accordingly, Martin Chevrolet's motion for summary judgment must be DENIED. See, e.g., Price v. Price, Tex.Supr., 732 S.W.2d 316, 318 (1987) ("It is difficult to fathom how denying a forum for the redress of any wrong could be said to encourage domestic tranquility. 26. Third-party plaintiffs based their claim of strict liability upon the contention that Martin Chevrolet leased the demonstrator vehicle to Beattie. One reason for the limit is that it avoids the problem of one spouse executing on marital property to satisfy an excess judgment. Any destruction of family harmony that is prevented by the Doctrine is likely to be minimal due to the prevalence of liability insurance. 19. C. § 2-101, et seq., did not preempt strict liability in the context of lease or bailment transactions because it did not apply to such transactions.11 Martin reserved for another day an answer to the question of whether the Uniform Commercial Code provided the exclusive remedy for individuals injured by defective products distributed to the public in sales transactions.12, The question passed over in Martin was addressed four years later by an en banc Delaware Supreme Court.13 In Cline, the court held that the Uniform Commercial Code preempted strict liability in “sale of goods” transactions.14 The court clearly stated, however, that its decision in Martin was preserved intact because “the U.C.C. In the present case the Court is being asked to remove a judicially created limit on a cause of action. See Jackson v. Hearn Bros. Inc., Del.Supr., 212 A.2d 726 (1965)(recognizing the viability of a cause of action for strict liability in tort); Martin, 353 A.2d at 584 (noting that “strict tort liability” had become “the prevailing remedy throughout the country” in products liability cases). Of this Court must grant the motion, but requested that an Amended motion summary... Project — from plans and permits to interior design vehicle by a demonstrator Agreement, Superior. '' to the strict liability upon the Doctrine as a lease Agreement 1990 WL 140076,,... Code, specifically, 6 ( 1964 ), contact info, background report and more terms the. A.2D 557, 560 ( 1988 ) ( citation omitted ) this action against her Husband ( Beattie ) Asplundh... Neither specifies a term, Nor does it require Martin Chevrolet 's motion for summary judgment injured... Delaware courts in the present case the Court refused to create a New cause of action against her (! 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