Sukljian v. Charles Ross & Son Co.

Harvey, J. (concurring in part and dissenting in part).

We concur with the majority in the dismissal of the causes of action for strict products liability and breach of warranty. We respectfully dissent from the majority’s denial of third-party *13defendant General Electric Company’s motion for summary judgment as to the alleged cause of action in negligence.

Assuming, arguendo, that General Electric had the legal duty to provide safety devices for the protection of users of the high speed machine, it is incumbent upon defendant K.M. Equipment Corporation (K.M.) to prove that the machine was…