Mary Finerty, Individually and as the Executor of the Estate of Ramond Finerty, Respondents,v.Abex Corporation, Formerly Known as American Brake Shoe Company, et al., Defendants, Ford Motor Company, Appellant. (And Another Action.)
Holding that the defendant was not strictly liable for defective design where evidence established that when the defendant sold the molding machine, the machine was not defective, and had the machine been left intact, the machine's safety gate and connecting interlocks would have rendered the predicate accident an impossibility
302 A.D.2d 57 (N.Y. App. Div. 2003) Cited 174 times
Finding that distributors held strictly liable to end-user were “innocent conduit in the sale of the defective product” and that “[o]ne who is liable for an injury by imputation of law may seek common-law indemnity from a person primarily liable for the injury”
Finding that a nondelegable duty did not exist where the hospital did not hold itself out as having screened blood for contagious disease or furnish any personnel for that purpose. The plaintiff's subjective belief is not enough to impose liability upon the hospital for the acts of an independent contractor.
Holding motion to dismiss properly granted where complaint contained no "plausible allegations . . . that would form any basis for us to pierce [parent company's] corporate veil" or any "extraordinary circumstances" which would allow the court to ignore the subsidiary's separate legal status