· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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