Hoover v. New Holland North America, Inc.
Opinion of the Court
Appeal and cross appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered September 30, 2011. The judgment, inter alia, awarded plaintiff Jessica Bowers money damages upon a jury verdict.
It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs.
Memorandum: CNH America LLC (incorrectly sued as New Holland North America, Inc., formerly known as Ford New Holland, Inc. and Case New Holland, Inc.) and Niagara Frontier Equipment Sales, Inc., formerly known as Niagara Ford New Holland, Inc. (defendants) appeal and Jessica Bowers (plaintiff) cross-appeals from a judgment entered following a jury trial on liability and damages in this products liability action. On October 2, 2004, Gary Hoover (Gary) was using a tractor-driven
“ Tn order to establish a prima facie case in strict products liability for design defects, the plaintiff must show that the manufacturer breached its duty to market safe products when it marketed a product designed so that it was not reasonably safe and that the defective design was a substantial factor in causing plaintiffs injury’ ” (Adams v Genie Indus., Inc., 14 NY3d 535, 542 [2010]; see Voss v Black & Decker Mfg. Co., 59 NY2d 102, 106-107 [1983]). “It is well settled that a manufacturer, who has designed and produced a safe product, will not be liable for injuries resulting from substantial alterations or modifications of the product by a third party which render the product defective or otherwise unsafe” (Amatulli v Delhi Constr. Corp., 77 NY2d 525, 532 [1991]), including “the material alteration of a product that destroys the functional utility of a key safety feature” (Bouter v Durand-Wayland, Inc., 221 AD2d 902, 902 [1995]; see Felle v W.W. Grainger, Inc., 302 AD2d 971, 972 [2003]). However, a modification will defeat a products liability claim only where it “(a) rendered ‘a safe product defective’ . . . ; and (b) caused the injuries” (Lamey v Foley, 188 AD2d 157, 168 [1993]; see generally Robinson v Reed-Prentice Div. of Package Mach. Co., 49 NY2d 471, 479 [1980]).
As to the damages, we reject defendants’ contention that the jury awards for past and future pain and suffering “ deviate [ ] materially from what would be reasonable compensation” (CPLR 5501 [c]; see generally Caprara v Chrysler Corp., 52 NY2d 114, 126-127 [1981], rearg denied 52 NY2d 1073 [1981]). We likewise reject plaintiffs contention on her cross appeal that the award for past pain and suffering was inadequate. We further conclude that the awards for past and future lost wages and future medical care are supported by legally sufficient evidence and, contrary to defendants’ contentions, are not speculative (see Huff v Rodriguez, 45 AD3d 1430, 1433 [2007]; Kirschhoffer v Van Dyke, 173 AD2d 7, 9-10 [1991]). We have reviewed defendants’ remaining contentions and conclude that they are without merit. Present — Centra, J.P, Fahey, Peradotto, Garni and Sconiers, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.