JARAMILLO v. WEYERHAEUSER CO.


12 N.Y.3d 181 (2009)

___ N.E.2d ___

___ N.Y.S.2d ___

MARIO MIGUEL JARAMILLO, Appellant, v. WEYERHAEUSER COMPANY, Respondent, et al., Defendants.

Court of Appeals of New York.

Decided March 31, 2009.


Attorney(s) appearing for the Case

Larkin, Axelrod, Ingrassia & Tetenbaum, LLP, Newburgh (James Alexander Burke of counsel), for appellant.

Goldberg Segalla, LLP, White Plains (Kevin Burns, Anita Hotchkiss and Matthew S. Lerner of counsel), for respondent.

Theodore Hadzi-Antich, Sacramento, California, and Deborah J. La Fetra for Pacific Legal Foundation, amicus curiae.

Herzfeld & Rubin, P.C., New York City (Michael Hoenig, Miriam Skolnik and Linda M. Brown of counsel), and Hugh F. Young, Jr., Reston, Virginia, for Product Liability Advisory Council, Inc., amicus curiae.

Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.


OPINION OF THE COURT

READ, J.

The United States Court of Appeals for the Second Circuit has asked us whether a company that sold one of its used machines (itself purchased used) to a different company can be held strictly liable for a workplace accident involving that machine, which occurred 16 years later. In light of our precedents and the policy considerations underlying strict products liability, we answer...

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