Legal Opinion
Galluscio v. Atico International U.S., Inc.
New York Supreme Court
Decided August 27, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Arthur M. Diamond, J.
*577The motion by defendant Atico International U.S., Inc. for summary judgment pursuant to CPLR 3212 is denied.
Plaintiff brought this wrongful death action under the various theories of strict products liability, defective warning, and negligence for the alleged defective manufacturing and distribution of a heating pad purchased by the deceased at CVS Pharmacy that allegedly caused his death three years later. The deposition testimony by Gerald Katz, the senior vice-president of merchandising and marketing indicates that the defendant Atico International…
2Cases cited7 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Johnson v. Johnson Chemical Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Brumbaugh v. CEJJ, Inc.Appellate Division of the Supreme Court of the State of New York · 1989
- Sheppard-Mobley v. KingNew York Court of Appeals · 2005
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