Summary
affirming a grant of summary judgement in a case in which the plaintiff's injury followed her employer's installation of a switch allowing a punch press to be operated without its safety device, "whether plaintiff seeks to hold defendants liable for an alleged product defect or for an alleged failure to warn"
Summary of this case from Liriano v. Hobart CorporationOpinion
October 6, 1989
Appeal from the Supreme Court, Monroe County, Tillman, J.
Present — Dillon, P.J., Denman, Boomer, Green and Davis, JJ.
Order unanimously affirmed without costs. Memorandum: The court properly granted summary judgment to defendants, the manufacturers of two safety components incorporated into a punch press, on the ground that plaintiff's employer had modified and in fact defeated the purpose of the safety components, thus causing plaintiff's injury. A manufacturer may not be cast in damages, either for negligence or for products liability, where, after the product leaves the manufacturer's hands, there is a subsequent modification that substantially alters the product and is the proximate cause of plaintiff's injuries (Robinson v Reed-Prentice, 49 N.Y.2d 471, 475). That is true whether a plaintiff seeks to hold defendants liable for an alleged product defect or for an alleged failure to warn (Robinson v Reed-Prentice, supra, at 480; Magee v Bliss Co., 120 A.D.2d 926; see also, Kingsland v Industrial Brown Hoist Co., 136 A.D.2d 901). As revealed by the parties' submissions, plaintiff's injury was the direct result of her employer's installation of a switch that allowed the press to be operated without the barrier device. Were it not for that modification, the machine could not have been operated with plaintiff's hands in proximity to the ram. The modification was accomplished without the knowledge of either defendant. "Material alterations at the hands of a third party which work a substantial change in the condition in which the product was sold by destroying the functional utility of a key safety feature, however foreseeable that modification may have been, are not within the ambit of a manufacturer's responsibility" (Robinson v Reed-Prentice, supra, at 481).