Wojcik v. Empire Forklift, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mercure, J.
In March 1999, while plaintiff Joseph A. Wojcik III (hereinafter plaintiff) was stocking shelves at his employer’s warehouse in the City of Amsterdam, Montgomery County, he fell from the platform of the forklift on which he was standing and sustained serious personal injuries. Thereafter, plaintiff and his wife, derivatively, commenced this action, alleging that the safety device—a Fall Arrest Block (hereinafter FAB)—that he wore failed to engage, causing him to hit the floor. Plaintiffs asserted causes of action sounding in strict liability and breach of…
2Cases cited16 opinions
- Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Denny v. Ford Motor Co.New York Court of Appeals · 1995
- CBS Inc. v. Ziff-Davis Publishing Co.New York Court of Appeals · 1990
- Saratoga Spa & Bath, Inc. v. Beeche Systems Corp.Appellate Division of the Supreme Court of the State of New York · 1997
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