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HUGHES v. ATAKA AM., INC.

48 A.D.2d 808 (1975)

Brian Hughes, Respondent-Appellant, v. Ataka America, Inc., Appellant, and J. Gerber & Co., Inc., et al., Respondents. (And another action.)

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1975

This is a strict products liability case, not to be complicated by issues of negligence. Plaintiff-respondent-appellant was injured when a nail, being hammered into a batten to hold it to a plaster wall, fractured, a piece thereof being driven into plaintiff's eye. Experts declared the nail too brittle for use for this purpose, having been improperly tempered during manufacture. The nail had been purchased by plaintiff's employer...

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