Torrogrossa v. Towmotor Co.

Decision Date29 March 1978
Citation405 N.Y.S.2d 448,376 N.E.2d 920,44 N.Y.2d 709
Parties, 376 N.E.2d 920 Thomas TORROGROSSA, Appellant, v. TOWMOTOR CO., subsidiary of Caterpillar Tractor Co., Inc., et al., Respondents. PENNCO INDUSTRIAL INC., Third-Party Plaintiff-Respondent, v. TOWER INSULATION CORP., Third-Party Defendant-Respondent. TOWMOTOR CORP. et al., Third-Party Plaintiffs-Respondents, v. TOWER INSULATION CORP., Third-Party Defendant-Respondent.
CourtNew York Court of Appeals Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order should be affirmed, with costs.

Concededly, the verdict of the jury in favor of Towmotor established that there was neither a breach of implied warranty in the design of the forklift nor negligence in the nature of the warnings contained on the operating plate or manual which accompanied its sale. Of the theories the plaintiff espoused, that left him with only one against the remaining defendant, Pennco, i. e., that the latter was negligent in failing to include the plate and the manual with the lift when it was leased to plaintiff's employer or in...

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41 cases
  • Johnson v. Bryco Arms
    • United States
    • U.S. District Court — Eastern District of New York
    • February 3, 2004
    ...or inadequacy of a warning for a reasonably foreseeable risk accompanying a product causes harm. Torrogrossa v. Towmotor Co., 44 N.Y.2d 709, 405 N.Y.S.2d 448, 376 N.E.2d 920 (1978). "The mere act of manufacturing and selling a handgun does not give rise to liability absent a defect in the m......
  • Andrulonis v. US
    • United States
    • U.S. District Court — Northern District of New York
    • December 15, 1989
    ...not have been a proximate cause of the injury suffered by the user. Kerr, 557 F.Supp. at 286; cf. Torrogrossa v. Towmotor Co., 44 N.Y.2d 709, 405 N.Y.S.2d 448, 449, 376 N.E.2d 920, 921 (1978) (where warning would not have prevented accident, failure to warn is not proximate cause of acciden......
  • McCarthy v. Olin Corp.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • July 16, 1997
    ...the inadequacy or failure to warn of a reasonably foreseeable risk accompanying a product causes harm, Torrogrossa v. Towmotor Co., 44 N.Y.2d 709, 405 N.Y.S.2d 448, 376 N.E.2d 920 (1978); and (3) a design defect, which results when the product as designed is unreasonably dangerous for its i......
  • Hamilton v. Accu-Tek
    • United States
    • U.S. District Court — Eastern District of New York
    • August 12, 1996
    ...or inadequacy of a warning for a reasonably foreseeable risk accompanying a product causes harm. Torrogrossa v. Towmotor Co., 44 N.Y.2d 709, 405 N.Y.S.2d 448, 376 N.E.2d 920 (1978). A design defect occurs when the product as designed is unreasonably dangerous for its intended use. Micallef ......
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1 books & journal articles
  • Chapter 1 The Law of Manufacturing and Design Defect Liability
    • United States
    • New York State Bar Association Products Liability in NY, Strategy & Practice
    • Invalid date
    ...omitted). [147] Id. at 262. [148] Id. at 263. [149] Cover v. Cohen, 61 N.Y.2d 261, 473 N.Y.S.2d 378 (1984); Torrogrossa v. Towmotor Co., 44 N.Y.2d 709, 405 N.Y.S.2d 448 (1978). [150] Liriano v. Hobart Corp., 92 N.Y.2d 232, 237, 677 N.Y.S.2d 764 (1998); Voss v. Black & Decker Mfg. Co., 59 N.......

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