SOKOLOWSKI v. MANCO PRODUCTS INC (2008)

Plaintiff commenced this action seeking damages for injuries he sustained when a tire rim exploded while he was attempting to inflate the tire of a go-cart.   We conclude that Supreme Court properly denied those parts of the motion of Manco Products, Inc. (defendant) for summary judgment dismissing the claim for strict products liability based on a manufacturing defect as well as the negligence cause of action against it.   With respect to strict products liability, we conclude on the record before us that there is a triable issue of fact whether the defective rim was distributed by defendant and, if so, whether defendant's testing procedures were sufficient with respect to the inflation of the tire (see generally Ramos v. Howard Indus., Inc., 10 N.Y.3d 218, 223-224, 855 N.Y.S.2d 412, 885 N.E.2d 176).   With respect to the negligence cause of action, we also conclude on the record before us that there is a triable issue of fact inasmuch as evidence supporting a claim of strict products liability based on a manufacturing defect may also constitute evidence of negligence (see Lancaster Silo & Block Co. v. Northern Propane Gas Co., 75 A.D.2d 55, 62, 427 N.Y.S.2d 1009;  see generally Rutherford v. Signode Corp., 11 A.D.3d 922, 922-923, 783 N.Y.S.2d 735, lv. denied 4 N.Y.3d 702, 790 N.Y.S.2d 649, 824 N.E.2d 50;  Cooley v. Carter-Wallace Inc., 102 A.D.2d 642, 643-644, 478 N.Y.S.2d 375).

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

MEMORANDUM: