LIRIANO V. HOBART CORP.
170 F.3d 264 (2nd Cir. 1999)
NATURE OF THE CASE: Hobart (D) and third-party defendant sought review of a decision of
the N.Y. Court of Appeals granting a judgment and damages for Liriano (P) in a suit for
failure of the duty to warn.
FACTS: P was severely injured on the job in 1993 when his hand was caught in a meat
grinder manufactured by D and owned by his employer, Super Associated (D1). It had been sold
with a safety guard, but the safety guard was removed while the machine was in D1's
possession and was not affixed to the meat grinder at the time of the accident. The machine
had no warning indicating that the grinder should be operated only with a safety guard
attached. P sued D for failure to warn. D brought a third-party claim against D1. The jury
returned a verdict for P on the failure to warn. It attributed five percent of the liability
to D and ninety-five percent to D1. On retrial, the jury assigned D one-third of the fault.
Ds appealed, arguing (1) that as a matter of law, there was no duty to warn, and (2) that
even if there had been a duty to warn, the evidence presented was not sufficient to allow
the failure-to-warn claim to reach the jury.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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