New York Court of Appeals
Concetta Scarangella, Appellants v. Thomas Built Buses, Inc., Respondent and Third-Party…
July 6, 199993 N.Y.2d 655
Summary
The Court affirmed the Appellate Division's order precluding the plaintiff's design‑defect claim that the school bus lacked a back‑up alarm, holding that the buyer, a knowledgeable purchaser who knowingly declined the optional safety feature, bore the risk‑utility assessment and therefore the manufacturer was not liable.