. .

Search Results

- PRODUCTS LIABILITY - ALLEGED PROPENSITY OF SHOPPING CART TO TIP - ALLEGED SLIPPERY FLOOR IN SUPERMARKET - CART TIPS WHILE BEING PUSHED BY NINE-YEAR-OLD WITH TWO-YEAR-OLD INFANT PLAINTIFF INSIDE - LIABILITY ONLY.

Suffolk County (21751)

The plaintiff contended that the defendant manufacturer’s shopping cart was defectively designed because the center of gravity was allegedly too far to the front, permitting the cart to topple upon relatively minimal force. The plaintiff also contended that the co-defendant supermarket negligently failed to warn of a slippery floor after waxing. The plaintiff’s brother testified that he observed a floor buffer in the aisle after the incident occurred. The brother contended that as he was wheeling the car with the infant plaintiff inside and his mother in the general vicinity, when he slipped on the floor and the cart toppled forward.

The defendant manufacturer contended that the center of gravity was appropriate and that the cause of the incident was probable horseplay by the infant plaintiff’s brother. The defendant supermarket denied buffing the floor at about that the time and contended that such work is only performed when the store is closed. The plaintiff countered that the store was undergoing renovations and probably cleaned more frequently than would generally be the case. The jury found for both defendants. Weiss vs. Unarco Industries, Inc. Index no. ________/86; Judge Marquette L. Floyd, 9-9-92. Attorney for plaintiff: Ira Hariton from Bayshore; Attorney for defendant manufacturer: Joseph Holotka of O’Hagan & Reilly in Islip; Attorney for defendant supermarket: Geoffrey Pforr of Mineola.