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NAMUNDI v. ROCKY'S ACE HARDWARE, LLC

No. 11-P-1027.

81 Mass. App. Ct. 665 (2012)

GERTRUDE NAMUNDI & another v. ROCKY'S ACE HARDWARE, LLC, & others.

Appeals Court of Massachusetts, Middlesex.

April 30, 2012.

Attorney(s) appearing for the Case

Timothy G. Lynch for the plaintiffs.

Myles W. McDonough for the defendants.

Present: RAPOZA, C.J., GRAINGER, & SIKORA, JJ.

GRAINGER, J.

Congress has sought to create a balance between a commercial duty to notify the public of dangers associated with the use of a product, and the individual's responsibility to exercise common sense. Here, the plaintiffs appeal from a directed verdict in favor of the defendants on a products liability "failure to warn" claim. They contend that the judge erred in ruling as a matter of law that the label...

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