New York Court of Appeals
John Ramos, Respondent v. Howard Industries, Inc., Appellant
March 13, 200810 N.Y.3d 218
Summary
The New York Court of Appeals reversed the Appellate Division, granting Howard Industries summary judgment because the defendant met its initial burden and the plaintiff failed to exclude all other causes of the transformer explosion; Judge Jones dissented, arguing the evidence was speculative and the burden shift was misapplied.