Second Circuit Affirms Defense Verdict In Products Liability Action

In the matter State Farm Fire & Cas. Co. v. Nutone, Inc., 426 Fed.Appx. 8, 2011 WL 2417148 (C.A.2 (N.Y.)), Marc Rowin successfully persuaded the Second Circuit Court of Appeals to affirm the lower court's entering of a judgment in our client's favor after a bench trial. The case involved a fire which State Farm contended was caused by a defect in our client's product, a bathroom fan. At trial, Tom Lynch demonstrated that the fan had been modified after it left the manufacturer's control. The Second Circuit affirmed the Magistrate's decision under the principle announced by the New York Court of Appeals in Robinson v. Reed-Prentice Div. of Package Mach. Co., 49 N.Y.2d 471, 426 N.Y.S.2d 717 (1980).


Thomas P. Lynch
Marc Rowin