MICHAEL DONOVAN v. ALL-WELD PRODUCTS CORP.


38 A.D.3d 227 (2007)

832 N.Y.S.2d 148

JAMINE MICHAEL DONOVAN, as Administrator of the Estate of TERENCE DONOVAN, Deceased, Respondent, v. ALL-WELD PRODUCTS CORP. et al., Defendants, and CLEMCO INDUSTRIES CORP., Appellant. (And Other Actions.)

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

Decided March 6, 2007.


This is a products liability action for damages arising from the death of plaintiff's decedent, Terence Donovan, on January 25, 2001, while performing sandblasting operations for his employer, Yula Corporation. The complaint does not allege the specific cause of death. However, it appears uncontested that Donovan received an insufficient amount of "breathing air" and thus asphyxiated and died. At the time of the accident, Donovan was wearing a supplied air respirator helmet...

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