Giuffrida v. Panasonic Industrial Co.
Opinion of the Court
—In an action to recover damages for personal injuries based on negligence, products liability, and breach of warranty, the defendant third-party plaintiff Panasonic Industrial Company, a division of Matsushita Electric Corporation of America appeals from an order of the Supreme Court, Nassau County (O’Brien, J.), dated November 20, 1991, which (1) granted the motion of the third-party defendant and fourth-party plaintiff William’s Cyclery, Inc., for summary judgment dismissing the third-party complaint and all cross claims against it, and (2) granted the cross motion of the fourth-party defendant Michael Shaw for summary judgment dismissing the fourth-party complaint and all cross claims against it.
Ordered that the appeal from so much of the order as dismissed the fourth-party complaint is dismissed; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, the motion of the third-party defendant and fourth-party plaintiff William’s Cyclery, Inc., for summary judgment is denied, and the third-party complaint is reinstated; and it is further,
Ordered that the appellant is awarded one bill of costs, payable by the third-party defendant fourth-party plaintiff-respondent William’s Cyclery, Inc.
The appeal taken by the defendant third-party plaintiff Panasonic Industrial Company, a division of Matsushita Elec
The plaintiff was injured while operating a "Panasonic Mountain Cat 5500 bicycle”. This bicycle had been manufactured by the National Bicycle Company, which is not a party to the present action.
The evidence tends to show that such bicycles were typically shipped by the manufacturer in an unassembled condition to the defendant third-party plaintiff MECA and then warehoused in New Jersey. The bicycles would then be reshipped to various retail outlets, including one maintained by the third-party defendant and fourth-party plaintiff, the Cyclery.
On August 26, 1989, one such bicycle was sold by the Cyclery to the fourth-party defendant Michael Shaw either for the sum of $321 or for the sum of $370. Mr. Shaw removed the bicycle from its carton and assembled it. He then delivered the bicycle to the plaintiff, who was injured while riding it 30 or 45 minutes later.
The Supreme Court granted summary judgment in favor of the Cyclery on the basis of its finding that Shaw "operated de facto as the retailer”. The court also found that the Cyclery "did not assemble [the bicycle], instruct plaintiff on its use and had no contact with plaintiff in any respect”. For these reasons, the Supreme Court dismissed the third-party complaint against the Cyclery, as well as the Cyclery’s own fourth-party complaint against Shaw. We reverse so much of this order as aggrieves the appellant MECA.
The absence of proof that the Cyclery assembled the bicycle or instructed the plaintiff in its use furnishes no basis for the
Case-law data current through December 31, 2025. Source: CourtListener bulk data.