Ware v. Baxter Health Care Corp.

Appeal from an order of the Supreme Court (Teresi, J.), entered September 13, 2004 in Albany County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

Defendant designs, produces and sells, among other things, a microclean high top shoe cover. In 1985, plaintiff was employed by General Electric as a process technician in its research and development laboratory, a sterile environment which required plaintiff to wear full clean room environmental lab attire, including shoe covers sold by defendant. While working in the lab, plaintiff fell sustaining…