McCARTHY v. LITTON INDUSTRIES, INC.


410 Mass. 15 (1991)

570 N.E.2d 1008

ALPHONSUS E. McCARTHY, JR. vs. LITTON INDUSTRIES, INC.

Supreme Judicial Court of Massachusetts, Plymouth.

May 7, 1991.


Attorney(s) appearing for the Case

John J. McGivney (Christopher A. Duggan with him) for the defendant.

Thomas J. Lynch (Alexandra B. Harvey with him) for the plaintiff.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR & GREANEY, JJ.


LYNCH, J.

This is a product liability action arising out of an accident in which the plaintiff, Alphonsus E. McCarthy, Jr., was injured while operating a glass-working lathe. The case was submitted to a Superior Court jury on a breach of warranty theory. In answers to special questions, the jury found that the manufacturer had breached its implied warranty of merchantability by failing to warn against dangerous modifications to the lathe. The defendant moved for judgment...

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