X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47160 Judge Mukasey PLAINTIFF SUED defendants on behalf of his son to recover for his son’s death, which resulted from choking on a Pokemon Power Bouncer, a toy ball, that was imported and distributed by Hasbro and sold by Toys “R” Us. Plaintiff asserted claims for strict products liability, breach of warranty, negligence and punitive damages. The court deferred the decision on the part of the negligence claim based on defective design because of its size for further discovery regarding admissibility of expert testimony. The court, however, granted defendants’ summary judgment motion on other claims, finding the breach of warranty claim preempted as based on breach of express warranty argument. The court added that plaintiff could not maintain a cause of action for breach of implied warranty based on the contention that the ball was not minimally safe for insertion into a child’s mouth, noting that the ball’s implied warranty of merchantability does not include a warranty that it is fit for this purpose.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.