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 211 times
Holding that seller could obtain indemnification from distributor that was higher in the distribution chain because the distributor was “closest to the manufacturer” and was in a better position to “exert pressure” on the manufacturer
Holding that fact that employer of plaintiff's fatally injured decedent was a wholly-owned subsidiary was insufficient in itself to support imposition of liability upon parent corporation for acts of subsidiary; liability required allegation that parent exercised necessary control over subsidiary
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.
219 A.D.2d 205 (N.Y. App. Div. 1996) Cited 127 times
Holding that because "a liquidated damages clause and a provision entitling a nondefaulting vendor to further damages are incompatible and cannot coexist," the liquidated damages provision is rendered unenforceable