Lori Hoover v. New Holland North America, Inc., Formerly Known as Ford New Holland, Inc., , Defendants CNH America…

Summary

The New York Court of Appeals affirmed the Appellate Division, holding that the defendants were not entitled to summary judgment on the design‑defect claims because the plaintiff raised material issues of fact that the safety shield was defectively designed. The court applied the substantial‑modification rule from Robinson and found that the plaintiff’s evidence defeated the defense. The dissent argued that the product was safe at sale and that the substantial‑modification rule should bar liability. The majority’s decision was affirmed.