Legal Opinion
Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-Cv
Court of Appeals for the Second Circuit
Decided September 1, 2006No. 74PublishedCited by 140 opinions
1Opinion of the Court
DENNIS JACOBS, Circuit Judge.
Martin Kosmynka was loading an all-terrain vehicle (“ATV”) onto a trailer when the vehicle climbed the far wall of the trailer, flipped over, and rendered Mr. Kosmynka paralyzed. Mr. Kosmynka and his wife sued the ATV manufacturer, defendant Polaris Industries, Inc. (“Polaris”), on theories of strict products liability, negligence, and breach of implied warranty. Polaris now appeals from a judgment entered after a jury trial in the United States District Court for the Eastern District of New York (Wexler, J.), awarding Mr. Kos-mynka and his wife (Christine…
2Cases cited31 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Gasperini v. Center for Humanities, Inc.Supreme Court of the United States · 1996
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Gallick v. Baltimore & Ohio RailroadSupreme Court of the United States · 1963
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
26 more not listed; retrieve them via the Exa API.
3Cited by140 opinions
- Cash v. County of ErieCourt of Appeals for the Second Circuit · 2011
- Espinal v. GoordCourt of Appeals for the Second Circuit · 2009
- Marra v. Philadelphia Housing AuthorityCourt of Appeals for the Third Circuit · 2007
- Brady v. Wal-Mart Stores, Inc.Court of Appeals for the Second Circuit · 2008
- Matusick v. Erie County Water AuthorityCourt of Appeals for the Second Circuit · 2014
135 more not listed; retrieve them via the Exa API.