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ARTICLE ID 26197

- PRODUCTS LIABILITY - FAILURE TO PROVIDE DEAD MAN'S SWITCH ON SNOW BLOWER - TRAUMATIC AMPUTATION OF TWO FINGERS - LIABILITY ONLY.

Queens County

The plaintiff contended that the subject snow blower manufactured by the defendant was defectively designed because of the absence of a dead-man’s switch which would automatically cut off power when the operator’s hand was removed from the handle. The plaintiff was permitted to introduce subsequently enacted ANSI standards requiring such a dead-man’s switch on the issue of feasibility. The defendant contended that the snow blower was properly manufactured and was state-of-the-art at the time of manufacture in ________. The jury found for the defendant. Rothstein vs. AMF. Index no. ________/87; Judge Joseph Rosenzweig, 3-30-90.

Attorney for plaintiff: Perry Pazer of Pazer & Epstein in Manhattan; Attorney for defendant: Saul Wilensky of Lester, Schwab, Katz & Dwyer in Manhattan. Plaintiff’s expert engineer: Herbert Aronson from Forest Hills. Defendant’s expert engineers: Donald Amos from Des Moine, Iowa and Gilbert Buskie from Conn.

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