> Insights > Summary Judgment in Products Liability Traumatic Brain Injury Case Secured by New York Trial Team
> Insights > Summary Judgment in Products Liability Traumatic Brain Injury Case Secured by New York Trial Team
Summary Judgment in Products Liability Traumatic Brain Injury Case Secured by New York Trial Team
Foley Mansfield is pleased to announce a significant litigation victory in Hollman v. KSK 786 Inc., et al. (Index No. 516953/2020), where the Supreme Court, Kings County, granted summary judgment in favor of FM’s Client, dismissing all claims against it.
The Plaintiff alleged neurological and musculoskeletal injuries due to a fallen front panel from a commercial ice machine at a popular fast-food establishment. However, through meticulous expert analysis, deposition testimony, and comprehensive motion briefing, the FM trial team established that:
- Our Client’s ice machine employed a UL- and AHRI-certified, industry-standard design;
- The alleged defect was the result of substantial third-party modifications – entirely contrary to our Client’s design and specifications; and
- Plaintiff’s expert offered no feasible or distinct alternative design and relied on speculative and conclusory assertions.
The Court agreed, finding no evidence of a manufacturing or design defect and holding that our Client could not be liable for injuries caused by alterations outside its control. This result reaffirms a core principle of product liability law: a manufacturer is not the guarantor of safety when a product is improperly altered after it leaves the factory.
Congratulations to attorneys Michael E. Tuttle and Dennis E. Vega for their outstanding work on this case, and our law clerk, Takunda Muziwi’s, stellar legal research.
