Monday, April 29, 2013

Halloran v. Virginia Chemicals Inc. case brief

Halloran v. Virginia Chemicals Inc. case brief
50 A.D.2d 852

CASE SYNOPSIS: Defendant chemical company sought review of the interlocutory judgment from the Supreme Court, Queens County (New York), which after a jury trial limited to the issue of liability on plaintiff automobile mechanic's negligence and breach of warranty claims, entered judgment in favor of the mechanic on the breach of warranty claim and determined that the chemical company had to indemnify defendant employer of the mechanic.

FACTS: The mechanic was injured when a can of compressed gas product produced and bottled by the chemical corporation exploded upon normal usage.

On appeal, the court held that the mechanic established a prima facie case of breach of warranty; therefore, the breach of warranty claim was properly submitted to the jury.
The mechanic's evidence showed that the product was not fit for use. The trial court adequately charged the jury on the issue of contributory fault, and the trial court properly refused a subsequent request by the chemical corporation to again charge the jury on the issue. The trial court properly excluded evidence of improper actions taken by the mechanic on prior occasions because such evidence was not probative of what the mechanic did on the day in question.

CONCLUSION: The court affirmed the trial court's interlocutory judgment.

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