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.