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Marvin v. Seattle Bike Supply, Inc.
Citations: 231 A.D.2d 500; 647 N.Y.S.2d 255; 1996 N.Y. App. Div. LEXIS 8811
Court: Appellate Division of the Supreme Court of the State of New York; September 9, 1996; New York; State Appellate Court
In the case involving the infant plaintiff who sustained injuries while riding a bicycle, the defendants, Seattle Bike Supply, Inc. and F. S Discount Stores, appealed a Supreme Court order from Kings County that denied their motions for summary judgment to dismiss the complaint. The order was reversed, with the court granting the defendants' motions for summary judgment. The plaintiff's injury occurred when his finger became entangled in the bicycle's front sprocket after he had removed the chain guard. The plaintiff sued Seattle, the bicycle distributor, and F. S, the retailer, citing negligence and strict products liability. Both defendants argued that the accident was not foreseeable. The appellate court agreed with the defendants' position, referencing a prior case (Rosenberg v Mermelstein, 116 AD2d 712) to support their decision. The court concluded that the defendants were not liable for the plaintiff's injuries, resulting in a favorable outcome for them.