Legal Opinion · Dissent
Klein v. Hyster Co.
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1998Published
1Dissent
Goldstein, J.,
dissents and votes to reverse the judgment and reinstate the jury verdict on the issue of liability, with the following memorandum: The plaintiff was injured when a load of lumber fell on his hand as he operated a forklift manufactured by the defendant Hyster Company (hereinafter Hyster). After trial on the issue of liability, the jury found Hyster to be 10% at fault in the happening of the accident as a result of a design defect in the retaining pin of the forklift. The trial court set aside the jury verdict, holding that the plaintiff failed to establish that the design of the…
2Cases cited11 opinions
- Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
- Robinson v. Reed-Prentice Division of Package Machinery Co.New York Court of Appeals · 1980
- Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
- Lopez v. Precision Papers, Inc.New York Court of Appeals · 1986
- Banks v. Makita, U.S.A., Inc.Appellate Division of the Supreme Court of the State of New York · 1996
6 more not listed; retrieve them via the Exa API.