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Patane v. Thompson & Johnson Equipment Co.
Citations: 233 A.D.2d 905; 649 N.Y.S.2d 547; 1996 N.Y. App. Div. LEXIS 13395
Court: Appellate Division of the Supreme Court of the State of New York; November 7, 1996; New York; State Appellate Court
Order and judgment affirmed unanimously without costs. The plaintiff initiated a lawsuit alleging negligence, breach of warranty, and strict products liability for injuries sustained while working at Peter’s Groceries, Inc. The incident occurred when a coemployee, while operating a forklift truck in reverse, allegedly struck the plaintiff. The plaintiff claimed the defendant, the forklift supplier, was liable for not equipping the truck with a back-up warning alarm. The defendant successfully moved for summary judgment, which the Supreme Court granted. The court found that the defendant established the forklift truck's reasonable safety and demonstrated it was not defective. It was shown that no federal or state laws required a back-up warning alarm, and the defendant had informed Peter’s about optional safety devices, including the alarm. Peter’s, being in the best position to assess the need for such devices, chose not to purchase the alarm. The plaintiff failed to provide admissible evidence to create a factual issue warranting a trial or to offer a valid excuse for this failure. Consequently, the court appropriately granted summary judgment in favor of the defendant. The appeal was reviewed by Justices Pine, Fallon, Wesley, Davis, and Boehm.