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· 9/1/2006

Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-Cv

Citations

  • 462 F.3d 74
  • 2006 U.S. App. LEXIS 22636

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a manufacturer whose defective product causes injury cannot be held liable under a negligence theory if a jury finds for the defense on a strict liability claim for the same product
  • noting that timely objection permits court or opposing party to correct error
  • noting that timely objection permits court or opposing party to correct error
  • noting that timely objection permits court or opposing party to correct error
  • ordering a new trial where a jury returned a verdict in favor of the plaintiff on negligence but finding no design defect or failure-to-warn
  • “Both negligence and strict products liability (under New York Law) require a showing of a product ‘defect.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Jacobs, Wesley, Koeltl

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.