Rogers v. Cosco, Inc.

—Judgment, Supreme Court, New York County (Emily Goodman, J.), entered July 12, 2002, upon a jury verdict in favor of plaintiff Eileen Rogers and against defendants, in the total amount of $172,537.71, unanimously affirmed, without costs.

The trial evidence, fairly considered, permitted the jury reasonably to conclude that the folding step stool, as designed by defendant Cosco and sold by defendant Odd Lot Trading, presented an unreasonable, foreseeable danger against which plaintiff, its purchaser and user, was not adequately warned. Accordingly, the verdict was not against the weight of the…