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Featured Case

Distributor's and Seller's Motions for Summary Judgment in This Products Liability and Negligent Design Action Should Have Been Granted, Plaintiff's Own Actions Constituted the Sole Proximate Cause of Plaintiff's Injury and the Danger Was Open and Obvious

The Second Department, reversing (modifying) Supreme Court, determined the distributor's (Skyfood's) and seller's (E & A's) motions for summary judgment in this products liability and negligent design action should have been granted. Plaintiff lost several fingers when he tried to remove a piece of cheese from a meat grinder being used to grate cheese by reaching into the hopper without turning the machine off. The court held that the plaintiff's own actions constituted to sole proximate cause of the injury and the danger was open and obvious (no duty to warn) Hernandez v. Asoli, 2019 N.Y. Slip Op. 02688, Second Dept 4-10-19

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New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.

Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.

Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.