Legal Opinion
McEneaney v. Haywood
Appellate Terms of the Supreme Court of New York
Decided February 10, 1999PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
Judgment unanimously reversed with $30 costs to abide the event, complaint reinstated and matter remanded for a trial de novo.
In this action seeking damages for strict products liability, breach of warranty, negligence and failure to warn, the court dismissed the complaint on the ground that plaintiff failed to sustain her burden of proof under the line of “second impact” or “second collision” cases in which there was an allegation of a design defect. In addition, prior to the commencement of the trial, the court had precluded plaintiff from introducing evidence…
2Cases cited15 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Halloran v. Virginia Chemicals Inc.New York Court of Appeals · 1977
- Bolm v. Triumph Corp.New York Court of Appeals · 1973
- Winckel v. Atlantic Rentals & Sales, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
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3Cited by1 opinion
- Alaimo v. General Motors Corp.Appellate Division of the Supreme Court of the State of New York · 2006