Practice point: For summary judgment in a matter alleging design and manufacturing defects, defendant must establish that the product, as designed and manufactured, was reasonably safe.
Students should note that the cause of action based on failure to warn will be dismissed if plaintiff admits that he did not read the instruction manual.
Case: Boyle v. City of New York, NY Slip Op 09565 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Motion practice.
