Court of Appeals of New York
Hoover v. New Holland North America, Inc., 36
In an action arising from injuries sustained by plaintiff when she was caught and dragged into the rotating driveline of a tractor-driven post hole digger distributed and sold by defendants, defendants were not entitled to summary judgment, where plaintiff raised triable issues of fact concerning the defective design of the safety shield that were sufficient to defeat summary judgment based on substantial modification by the owner of the digger.
Appellate Information
- Decided 04/01/2014
- Published 04/01/2014
Judges
- ABDUS-SALAAM
Court
- Court of Appeals of New York