Alami v. Volkswagen of America, Inc.

I would apply the doctrine of Barker v Kallash (63 NY2d 19 [1984]) and Manning v Brown (91 NY2d 116 [1997]), and preclude plaintiffs suit.

In Barker, the plaintiff sought damages against defendants who gave him gunpowder to make a pipe bomb. As he was making the bomb, the plaintiff screwed a cap onto the pipe, causing an explosion that severely injured his hands. Even though the defendants contributed to the injury by supplying the gunpowder, this Court barred the plaintiffs suit on public-policy grounds (Barker, 63 NY2d, at 23-26, 28). Barker contended then, as plaintiff does here, that CPLR…