“We state no opinion as to how we might rule if required to decide whether, under New York law, the negligence cause of action in this case was duplicative of the strict liability cause of action and whether the dicta in Denny accurately reflects how the New York Court of Appeals would rule on the matter,” Judge Sotomayor said.
A JURY VERDICT finding Ford Motor Company was not liable in strict products liability – but was liable for a negligently designed cruise control mechanism – was not inconsistent, the U. S. Court of Appeals for the Second Circuit has ruled.
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