7 Cited authorities

  1. Hamilton v. Beretta U.S.A. Corp.

    96 N.Y.2d 222 (N.Y. 2001)   Cited 307 times   1 Legal Analyses
    Holding that handgun manufacturers do not owe a duty of reasonable care in the marketing and distribution of their handguns to persons injured or killed through the use of illegally obtained handguns, but leaving open the question of retailers' liability
  2. Rastelli v. Goodyear Tire Co.

    79 N.Y.2d 289 (N.Y. 1992)   Cited 210 times   6 Legal Analyses
    Holding there is no duty to warn about another manufacturer's product when defendant manufactured only sound products and had "no control over the production" of the defective products at issue in the case
  3. Kennedy v. McKesson Co.

    58 N.Y.2d 500 (N.Y. 1983)   Cited 180 times
    Holding that "when there is a duty owed by defendant to plaintiff, breach of that duty resulting directly in emotional harm is compensable even though no physical injury occurred"
  4. Caronia v. Philip Morris USA, Inc.

    2013 N.Y. Slip Op. 8372 (N.Y. 2013)   Cited 28 times   3 Legal Analyses
    Declining to create an "independent cause of action for medical monitoring" "absent any evidence of present physical injury or damage to property"
  5. Sage v. Fairchild-Swearingen

    70 N.Y.2d 579 (N.Y. 1987)   Cited 52 times
    Holding that the fact that the product "actually involved in the [plaintiff's] accident was a replacement and not the original is not dispositive because in fabricating and installing a new part, . . . [the consumers] did no more than perpetuate defendant's bad design, as defendant . . . foresaw they might"
  6. Barber Lines A/S v. M/V Donau Maru

    764 F.2d 50 (1st Cir. 1985)   Cited 54 times
    Denying recovery for purely economic damages arising out of a fuel spill negligently caused by the defendants, following long-standing precedent, beginning with Robins Dry Dock, which holds that "one who suffers only financial loss, unaccompanied by physical injury, cannot recover damages from a negligent defendant, whether or not the financial loss is foreseeable"
  7. Broussard v. Continental Oil Co.

    433 So. 2d 354 (La. Ct. App. 1983)   Cited 9 times
    Holding that a "small notice" on the side of a drill instructing the user to refer to the owner's manual for safe operation was an adequate warning