Summary
The New York Court of Appeals answered a certified question from the Second Circuit concerning whether Weyerhaeuser Company could be held strictly liable for injuries caused by a used industrial machine it sold. The court held that Weyerhaeuser was not a regular seller of used Flexo Folder Gluers and therefore was not subject to strict products liability under New York law on these facts.
Topics
Practice areas
Questions Presented
- Whether a company that sells a used machine acquired from a third party can be considered a regular seller of used equipment and held strictly liable for a workplace accident occurring years later.
- Whether Weyerhaeuser was a regular seller of used Flexo Folder Gluers under New York strict products liability law.
Holdings
- Weyerhaeuser was not a regular seller of used Flexo Folder Gluers and therefore could not be held strictly liable under New York law for the alleged defect in the machine.
- The Court did not categorically foreclose strict products liability for every seller of used goods, but held that the facts presented did not justify imposing such liability on Weyerhaeuser.
Key quotations
“In light of our precedents and the policy considerations underlying strict products liability, we answer the certified question in the negative.” (12 N.Y.3d at 184)
“In sum, “Construing the evidence in the light most favorable to Jaramillo,” Weyerhaeuser Company is not a “regular seller” of used Flexo Folder Gluers such that it can be held strictly liable under New York law.” (12 N.Y.3d at 193)
Factual background
Jaramillo seriously injured his hand in 2002 while operating a Flexo Folder Gluer machine at his employer's plant. Weyerhaeuser had purchased the machine used in 1971, used it in one of its plants, and sold it to Jaramillo's employer in 1986 in an as-is, where-is transaction. Weyerhaeuser's internal division marketed obsolete equipment through catalogs, trade-journal advertising, telemarketing, and market research, but the machine had originally been manufactured by another company and Weyerhaeuser did not alter its original safety mechanisms.
Procedural history
Jaramillo sued Weyerhaeuser in New York Supreme Court for injuries allegedly caused by a defective used industrial machine. The action was removed to the United States District Court for the Southern District of New York, which granted Weyerhaeuser summary judgment and dismissed the complaint, holding that Weyerhaeuser was a casual seller rather than a regular seller of the equipment. The Second Circuit certified the question to the New York Court of Appeals.