ALBANY – A firefighter who claims a faulty safety device caused him to lose an arm and suffer burns in a smouldering pile of debris produced “more than sufficient” evidence to defeat a motion for summary judgment made by the device’s manufacturer, an appeals court has determined.
The Appellate Division, Third Department unanimously held that Mitchell Dryer Jr. raised enough issues about how his Personal Alert Safety System (PASS) device performed, or failed to perform, to allow his claim for negligence and strict products liability to proceed to trial against the device’s maker, Scott Technologies, Inc.
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