Ruling Sets Unrealistic Product Safety Bar, NY Justices Hear

Law360, New York (February 12, 2014, 5:22 PM EST) -- A construction equipment company urged New York's highest court on Wednesday to reverse an $8.8 million judgment for a woman whose arm was severed by a post-hole digger, arguing that it would require manufacturers to design product safety features that never need replacement.

The case centers on an October 2004 incident in which plaintiff Jessica Bowers' right arm was partially severed by a tractor-mounted post-hole digger sold by CNH America LLC and distributed by Niagara Frontier Equipment Sales Inc., among others. The injury occurred when Bowers'...
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