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New York Attorney Wins Summary Judgment in Product Liability Case

Litchfield Cavo’s New York partner Robert G. Macchia obtained summary judgment on behalf of its retail store client in a product liability case  on cross claims against a co-defendant for defense, indemnity and reimbursement of defense costs.

In Eskow v. Euro-Pro Operating LLC, et. al., the plaintiff brought suit against the distributor of an allegedly defective kitchen device and the retail store that sold it. Plaintiff sustained partial finger amputation as well as muscle and tendon damage to the hand requiring surgery. After being taken off his heart medication in order to obtain medical clearance to undergo hand surgery, the plaintiff suffered a heart attack.

Judge Fernando Tapia of the Supreme Court of Bronx County, New York, agreed that the hold harmless defense and indemnity clause between the defendants was enforceable and ordered the co-defendant to take over the defense and indemnity of Litchfield Cavo’s client and awarded the client reimbursement of its defense costs.