Greenberg v. Larox, Inc.
Opinion
15‐3830‐cv Greenberg v. Larox, Inc.
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURTʹS LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ʺSUMMARY ORDERʺ). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.
At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 12th day of December, two thousand sixteen.
PRESENT: DENNY CHIN, SUSAN L. CARNEY,
Circuit Judges,
BRIAN M. COGAN,
District Judge.*
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KIMERLY GREENBERG, Plaintiff‐Appellant,
v. 15‐3830‐cv
LAROX, INCORPORATED, OUTOTEC (USA) INC., as successor in interest to Larox, Incorporated, Defendants‐Appellees.
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* Judge Brian M. Cogan, United States District Judge for the Eastern District of New York, sitting by designation.
FOR PLAINTIFF‐APPELLANT: JOSEPH A. REGAN, Faraci Lange, LLP, Rochester, New York.
FOR DEFENDANTS‐APPELLEES: JOHN P. FREEDENBERG, Goldberg Segalla LLP, Buffalo, New York.
Appeal from the United States District Court for the Western District of New York (Geraci, J.).
UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED IN PART AND VACATED IN PART, and the case is REMANDED for further proceedings consistent with this order.
Plaintiff‐appellant Kimerly Greenberg appeals from a judgment of the district court entered October 26, 2015, dismissing his complaint in this products liability action. By decision and order entered the same day, the district court granted summary judgment in favor of defendants‐appellees Larox, Incorporated (ʺLaroxʺ) and its successor‐in‐interest Outotec (USA), Incorporated on the grounds that Greenberg had not identified a design defect and Larox had no duty to warn of the danger posed by using its product with another product. We assume the partiesʹ familiarity with the underlying facts, procedural history, and issues on appeal.
Larox manufactures pressure filters, which are machines that separate solids from liquids for use in chemical processing. Laroxʹs pressure filters use hydraulically powered drive rollers to pull filter cloths through the machines. Laroxʹs
user manual has step‐by‐step instructions and diagrams for replacing used filter cloths with new ones. The replacement method described in the instructions and depicted in the diagrams involves the use of a stand‐alone, external cloth rack, which the manual specifies is not included in the Larox delivery. Larox makes and sells customized racks only upon request. The replacement instructions also state, in bold, ʺOld cloth must keep tight when reeling.ʺ Greenberg is a former employee of Xerox Corporation (ʺXeroxʺ) who sustained personal injuries at work while using a cloth rack, designed and manufactured by Xerox, to replace used filter cloth in a Larox pressure filter. In July 2011, he filed a complaint in New York Supreme Court alleging two claims against Larox: (1) a design defect in the pressure filter allowed the exiting filter cloth to develop ʺslack,ʺ or fall loose, which became entangled with the drive roller and caused the hand crank on the cloth rack to reverse direction and cause him injury, and (2) Larox failed to warn him of that danger. Defendants removed the case to federal district court on diversity grounds in October 2011.1 In October 2015, the district court awarded defendants summary judgment based on its conclusions that Greenberg had not identified a defect in the pressure filter and that, pursuant to Rastelli v. Goodyear Tire & Rubber Co., 79 N.Y.2d 289
1 The parties are diverse because Greenberg is domiciled in New York, Larox is a Maryland corporation with a principal place of business in Maryland, and Outotec is a Delaware corporation with a principal place of business in Maryland. Greenberg seeks to recover $500,000 in damages.
(1992), Larox had no duty to warn Greenberg that the joint use of its pressure filter with Xeroxʹs cloth rack, a product over which it had no control, could pose a danger. Greenberg appeals on the grounds that Rastelli does not preclude imposing a duty to warn in this case and there are genuine disputes of material fact as to the existence of a defect in Laroxʹs machine, Laroxʹs duty to warn, and the adequacy of the warning in its user manual.
We review an award of summary judgment de novo and will affirm only if the record, viewed in favor of the party against whom judgment was entered, shows there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Barfield v. N.Y.C. Health & Hosps. Corp., 537 F.3d 132, 140 (2d Cir. 2008).
1. Design Defect Under New York products liability law, a product has a design defect if it, ʺas designed, presented a substantial likelihood of harm and feasibly could have been designed more safely.ʺ Fane v. Zimmer, Inc., 927 F.2d 124, 128 (2d Cir. 1991) (citing Voss v. Black & Decker Mfg. Co., 59 N.Y.2d 102, 108 (1983)). Courts assess whether, ʺif the design defect were known at the time of manufacture, a reasonable person would conclude that the utility of the product did not outweigh the risk inherent in marketing a product designed in that manner.ʺ Id. (quoting Voss, 69 N.Y.2d at 108).
ʺ[W]e may affirm the award of summary judgment on any ground with adequate support in the record.ʺ CILP Assocs., L.P. v. PriceWaterhouse Coopers LLP, 735 F.3d 114, 127 (2d Cir. 2013) (quoting VKK Corp. v. Natʹl Football League, 244 F.3d 114, 118 (2d Cir. 2001)). We hold, on the design defect claim, that the district court properly awarded defendants summary judgment, but not for the reason it articulated. It granted summary judgment on the basis that Greenberg had ʺonly point[ed] to alleged defects in the Xerox cloth rack . . . [and] fail[ed] to identify any defect in the Larox pressure filter itself.ʺ Special App. at 7‐9. The expert report by Greenbergʹs mechanical engineering expert, however, viewed in the light most favorable to Greenberg, suggests the ʺcloth changing set‐upʺ was defectively designed so as to allow used cloth exiting the machine to fall loose and be pulled back into the machine, which could, in turn, cause a manually‐operated crank ʺdown streamʺ to reverse direction and injure the crank operator. App. at 626. A reasonable jury could find the defect lay at least in part with Laroxʹs machine and its manner of pushing out used cloth, rather than with the hand crank on the cloth rack. Accordingly, the award of summary judgment on the basis specified by the district court was improper.
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