Quirk & Bakalor

Verdict

A defense verdict in favor of the manufacturer of a luggage cart was obtained by partner Stephen K. Blunda, in Supreme Court Kings County, in a case where it was alleged that a luggage cart was defective because it failed to properly warn users that they should not replace the cart's strap with a bungee cord. On cross-examination, the plaintiff admitted that he was familiar with bungee cords, had used bungee cords previously and was not in the practice of reading labels on luggage carts or bungee cords. Plaintiff further admitted that he did not examine the bungee cord before using it, nor did he read the label that was affixed to the bungee cord. On February 9th, the jury found that the luggage cart was defective due to inadequate warnings, but that inadequate warnings were not a substantial factor in causing plaintiff's accident.

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