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ROBINSON v. REED-PRENTICE

49 N.Y.2d 471 (1980)

Gerald Robinson, Respondent, v. Reed-Prentice Division of Package Machinery Company, Appellant and Third-Party Plaintiff. Plastic Jewel Parts Company, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided February 14, 1980.

Attorney(s) appearing for the Case

William F. McNulty, Walter A. Donnelly and Anthony J. McNulty for appellant and third-party plaintiff.

Steven B. Prystowsky for third-party defendant-appellant.

Richard E. Shandell for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur with Chief Judge COOKE; Judge FUCHSBERG dissents and votes to affirm in a separate opinion.

Chief Judge COOKE.

We hold that a manufacturer of a product may not be cast in damages, either on a strict products liability or negligence cause of action, where, after the product leaves the possession and control of the manufacturer, there is a subsequent modification which substantially alters the product and is the proximate cause of plaintiff's injuries.

Plaintiff Gerald Robinson, then 17, was employed...

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