Adams v. Genie Industries, Inc.
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
Plaintiff sues for injuries sustained when he fell from a personnel lift designed, manufactured and sold by defendant, Genie Industries, Inc. The jury found that the product was defectively designed, and we hold that the evidence was sufficient to support that finding. We agree with Genie that the trial court erred in submitting to the jury, as an alternative ground for liability, the question of whether Genie was negligent in failing to retrofit or recall the product after its sale, but we hold that under the circumstances of this case that error was harmless.
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2Cases cited12 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Liriano v. Hobart Corp.New York Court of Appeals · 1998
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- Cover v. CohenNew York Court of Appeals · 1984
- Sharrow v. Dick Corp.New York Court of Appeals · 1994
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- Genie Industries, Inc. v. Ricky Matak, Belinda Matak and Misty Sonnier, as Representative of the Estate of Walter Pete Logan MatakTexas Supreme Court · 2015
- Jana Davidson v. Rockwell International CorCourt of Appeals for the Fifth Circuit · 2018
- Monell v. Scooter Store, Ltd.District Court, N.D. New York · 2012
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