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Plaintiff-appellant Kenneth E. White ("White") and defendant-cross-claimant-appellant Hamm's Sanitation, Inc. ("Hamm's") appeal from a summary judgment entered in this products liability action by the United States District Court for the Southern District of New York (Parker, J.) in favor of defendant-cross-claimant-defendant-appellee ABCO Engineering Corporation ("ABCO"). White was severely injured in an accident at his workplace on April 5, 1995. He brought suit against ABCO, the manufacturer of two conveyors used by his employer in recycling operations, alleging that the conveyors ABCO sold to White's employer, H.S.S., Inc. ("HSS"), were defectively designed and had inadequate warnings, thereby subjecting ABCO to strict liability. The district court granted summary judgment in favor of ABCO with respect to the design defect claim on the ground that a four-inch hole cut in a guard running along the side of one of the ABCO conveyors after the sale constituted a substantial modification of the conveyor and was the proximate cause of the accident. The court also dismissed, without explanation, the failure to warn claim.

For the reasons that follow, we affirm in part and vacate in part the judgment of the district court and remand for additional proceedings consistent with this opinion.


221 F.3d 293 (2000)

Kenneth E. WHITE, Plaintiff-Appellant, v. ABCO ENGINEERING CORP., Defendant-Cross-Claimant-Defendant-Appellee, Hamm's Sanitation, Inc., Defendant-Cross-Claimant-Appellant, H.S.S. Recycling, Inc. and H.S.S., Inc., Third-Party-Defendants.

Docket Nos. 99-9458(L), 99-9462(CON).

United States Court of Appeals, Second Circuit.

New York Law School location: File #2831, Box #141

Argued May 15, 2000. Decided August 15, 2000.