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JOHNSON v. JOHNSON CHEM. CO.

183 A.D.2d 64 (1992)

Annie Johnson et al., Respondents, v. Johnson Chemical Co., Inc., et al., Appellants

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

October 13, 1992

Attorney(s) appearing for the Case

Bower & Gardner, New York City (Leah C. Greenman and Virginia Goodman-Futterman of counsel), for Johnson Chemical Co., Inc., appellant.

LaBrum & Doak, New York City (John B. Cartafalsa, Jr., of counsel), for Aerofill, Inc., appellant.

Smith, Mazure, Director & Wilkins, P. C., New York City (Michael K. Berman of counsel), for J.L. Variety, Inc., appellant.

Amabile & Erman, P. C., Brooklyn (Barbara J. Caputo of counsel), for Concord Company, appellant.

Leonard L. Finz, P. C., New York City, and DiJoseph & Gluck, New York City (Leonard L. Finz, Steven DiJoseph and Arnold DiJoseph III of counsel), for respondents. (One Brief filed.)

LAWRENCE, RITTER and COPERTINO, JJ., concur.

BRACKEN, J. P.

May a plaintiff who admittedly failed to read the warnings supplied by the manufacturer of a product recover damages based on the theory that the manufacturer's warnings were inadequate? We hold that, under certain circumstances, a plaintiff may so recover.

On August 14, 1985, the plaintiff Julie Kono went to Bobby's Department Store II on Church Avenue in Brooklyn, and purchased approximately...

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