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KOSMYNKA v. POLARIS INDUSTRIES, INC.

Docket No. 05-3958-CV.

462 F.3d 74 (2006)

Martin T. KOSMYNKA and Christine Kosmynka, Plaintiffs-Appellees, v. POLARIS INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: September 1, 2006.

Attorney(s) appearing for the Case

Wayne D. Struble, Bowman and Brooke LLP, Minneapolis, Minnesota (David S. Miller, on the brief), for Defendant-Appellant.

Brian J. Isaac, Pollack, Pollack, Isaac & De Cicco, New York, New York (Roura & Melamed, on the brief; Annette G. Hasapidis, of counsel), for Plaintiffs-Appellees.

Before: JACOBS and WESLEY, Circuit Judges, and KOELTL, District Judge.

DENNIS JACOBS, Circuit Judge.

Martin Kosmynka was loading an all-terrain vehicle ("ATV") onto a trailer when the vehicle climbed the far wall of the trailer, flipped over, and rendered Mr. Kosmynka paralyzed. Mr. Kosmynka and his wife sued the ATV manufacturer, defendant Polaris Industries, Inc. ("Polaris"), on theories of strict products liability, negligence, and breach of implied warranty. Polaris now appeals from a judgment entered after a jury trial in the United...

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