Belizaire v. Lydic

I would reverse the summary judgment for the defendant retailer in this products liability action and remand for further proceedings. In my view, a triable issue is presented on this record as to whether the defendant retailer was guilty of negligence in selling a used rubber heating machine which lacked a highly sensitive knee safety device to instantly stop the machine in case of an emergency — which alleged defect caused foreseeable injuries to the plaintiff, a workman, whose hand was tragically crushed in the machine while operating it. Although the machine did have an overhead…