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RODRIGUEZ v. DAVIS EQUIP. CORP.

235 A.D.2d 222 (1997)

651 N.Y.S.2d 528

Angelino Rodriguez et al., Appellants, v. Davis Equipment Corp. et al., Respondents, et al., Defendants Rolle Brothers Sales Service, Inc., Third-Party Plaintiff-Respondent, v. Plandome Country Club, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

January 9, 1997

Since plaintiffs failed to object to the trial court's charge that their failure to warn claim involved only "remaining in the seat when operating the trencher", the sufficiency of the failure to warn evidence can be assessed only as it relates to that particular theory of failure to warn (see, Harris v Armstrong, 64 N.Y.2d 700). Concerning that theory, we agree with the trial court that plaintiffs failed to show that a warning...

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