Court of Appeals of New York

In an action for injuries sustained when plaintiff fell from a personnel lift designed, manufactured and sold by defendant, judgment for plaintiff is affirmed where: 1) plaintiff produced enough evidence for a jury to find that defendant's product -- a personnel lift without interlocked outriggers -- was "not reasonably safe"; and 2) the trial court erred in submitting to the jury the question of whether defendant's post-sale conduct -- its conduct between 1986, when it sold the product, and 1997, when plaintiff was injured -- was negligent, but the error was harmless.

Appellate Information

• Decided 05/11/2010
• Published 05/11/2010

Judges

• SMITH, J.:

Court

• Court of Appeals of New York

Counsel

• For Appellant:
  
• Richard E. Lerner, for appellant., Product Liability Advisory Council, Inc., amicus curiae.


• For Appellees:
  
• Laura E. Gentile, for respondent.