Legal Opinion

Rodriguez v. Davis Equipment Corp.

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

Decided January 9, 1997PublishedCited by 6 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Stanley Green, J.), entered on or about August 28, 1995, which, in a products liability case, insofar as appealed from, granted the motions of defendants manufacturer and lessor for judgment notwithstanding the verdict, unanimously affirmed, without costs.

Since plaintiffs failed to object to the trial court’s charge that their failure to warn claim involved only "remaining in the seat when operating the trencher”, the sufficiency of the failure to warn evidence can be assessed only as it relates to that particular theory of failure to warn (see, Harris v…

2Cases cited3 opinions

  1. Amatulli v. Delhi Construction Corp.New York Court of Appeals · 1991
  2. Harris v. ArmstrongNew York Court of Appeals · 1984
  3. Espinosa v. A & S Welding & Boiler Repair, Inc.Appellate Division of the Supreme Court of the State of New York · 1986

3Cited by6 opinions

  1. Peguero v. 601 Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  2. Sosna v. American Home ProductsAppellate Division of the Supreme Court of the State of New York · 2002
  3. Guadalupe v. Drackett Products Co.Appellate Division of the Supreme Court of the State of New York · 1998
  4. Reyes v. KimballAppellate Division of the Supreme Court of the State of New York · 2000
  5. Weathers v. GrixAppellate Division of the Supreme Court of the State of New York · 2000

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