CasePrepPlus is an exclusive benefit of membership in the New York State Bar Association.
New York appellate courts release, on average, between 150 and 200 decisions per week. The CasePrepPlus service summarizes the most significant decisions, which include substantive discussions of the facts and the law, into one-paragraph summaries, which are prefaced by succinct headings, allowing the reader to quickly decide whether a case is of interest. Each summary is linked to the full decision. Keeping up with the decisions released the week before, a process which could easily take an individual attorney numerous hours every week, takes only minutes with CasePrepPlus.
Summaries are written by Rochester-based attorney Bruce Freeman. For his bio, click here.
Our thanks to Roy Warner, Esq., the creator of CasePrepPlus, the primary author of the CasePrepPlus service prior to Mr. Freeman’s involvement, and a NYSBA member for over 40 years.
CIVIL PROCEDURE, PRODUCTS LIABILITY, NEGLIGENCE, EVIDENCE
In This Design Defect Products Liability Case, the Loss of the Specific Product Which Caused the Injury Did Not Prevent Defendant-Manufacturer From Presenting a Defense; The Complaint Should Not Have Been Dismissed on Spoliation Grounds
The First Department, reversing (modifying) Supreme Court, determined defendant-manufacturer (Doka) of an allegedly defective ratchet was not entitled to dismissal of the complaint on the ground that plaintiff could not produce the ratchet (spoliation). The ratchet was used to move heavy concrete forms into place along a track. Allegedly the ratchets broke when extra pressure was placed on them when the forms became “bound” on the track. Plaintiff alleged he was injured when he used his foot to increase the pressure on the ratchet when the form became bound. Because this was a design-defect case, and because the ratchets allegedly had broken before under similar circumstances, the defendant-manufacturer could present a defense and, therefore, the loss of the ratchet did not warrant dismissal of the complaint. Rossi v. Doka USA, Ltd., 2020 N.Y. Slip Op. 02098, First Dept 3-26-20