RICHARD K. BRENNER et al., as Parents and Natural Guardians of RICHARD BRENNER, III, an Infant, Respondents, et al., Plaintiff,
v.
AMERICAN CYANAMID COMPANY, as Successor in Interest to MACGREGOR LEAD COMPANY, et al., Appellants, et al., Defendants.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.https://leagle.com/images/logo.png
December 30, 1999.
December 30, 1999.
Attorney(s) appearing for the Case
Michael T. Nilan, Minneapolis, Minnesota, for SCM Corporation, appellant.
Philip H. Curtis, New York City, for American Cyanamid Company and others, appellants.
Paul M. Pohl, Pittsburgh, Pennsylvania, for Sherwin Williams Company, appellant.
Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria, L. L. P., Buffalo (Philip H. Magner of counsel), for Richard K. Brenner and others, respondents.
James A. Henderson, Jr., Ithaca, for Chemical Manufacturers Assn., amicus curiae.
Pepper Hamilton, L. L. P., New York City (Kathleen Kaczor of counsel), for Product Liability Advisory Council, amicus curiae.
LAWTON, J. P., HAYES, HURLBUTT and BALIO, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Fourth Department.
OPINION OF THE COURT
HAYES, J.
I
The issue presented in this appeal is whether a market share theory for determining liability and apportioning damages (see, Hymowitz v Eli Lilly & Co.,73 N.Y.2d 487, cert denied 493 U.S. 944) should apply in a lead poisoning case in which the identification of the manufacturer of lead pigment whose product allegedly caused the lead poisoning cannot be ascertained...
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