Legal Opinion

Ribley v. Harsco Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 12, 1977PublishedCited by 7 opinions

1Opinion of the CourtKoreman, P. J.

Plaintiff’s complaint alleges that on October 28, 1973 Deborah Ribley sustained serious injuries when her hair became entangled in the drive shaft of a manure spreader manufactured by defendant, which she was operating. The first cause of action seeks recovery based upon alleged negligence in the manufacture and design of the spreader, while the second cause of action alleges breach of implied warranty of merchantability and strict products liability. The third cause of action is a derivative cause of action. Defendant asserted the Statute of Limitations as affirmative defenses to the second…

2Cases cited3 opinions

  1. Codling v. PagliaNew York Court of Appeals · 1973
  2. Victorson v. Bock Laundry Machine Co.New York Court of Appeals · 1975
  3. Rivera v. Berkeley Super Wash, Inc.Appellate Division of the Supreme Court of the State of New York · 1974

3Cited by7 opinions

  1. Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
  2. B & B Paint Corp. v. Shrock Manufacturing, Inc.Indiana Court of Appeals · 1991
  3. Potsdam Welding & Machine Co. v. Neptune Microfloc, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
  4. McCarthy v. Bristol Laboratories, Division of Bristol-Myers Co.Appellate Division of the Supreme Court of the State of New York · 1978
  5. McGuinness v. JakubiakNew York Supreme Court · 1980

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