304 N.Y.S.2d 215 (1969)

A manufacturer can be held liable for breach of implied warranty due to a defective product design, even if the product was previously used, when the defect is the proximate cause of injury to a foreseeable user.

Summary

John Rooney, a sewage disposal engineer, died of asphyxiation while wearing a gas mask manufactured by Mine Safety Appliances Co. The plaintiff, Rooney’s administratrix, sued for breach of implied warranty of merchantability, alleging a defect in the mask’s design. The jury found for the plaintiff, but the Appellate Division reversed, finding insufficient evidence. The Court of Appeals reversed the Appellate Division, holding that the jury could reasonably infer the mask malfunctioned due to a defective design, specifically the plunger mechanism, even if the mask was used.

Facts

Rooney and a colleague entered a sewer to investigate a water source, both wearing gas masks manufactured by Mine Safety Appliances Co. Rooney’s mask was tested before entry. While exiting the sewer, Rooney collapsed and died of asphyxiation. The mask was later found to be missing a plunger, which was crucial for relieving pressure and allowing exhalation. Rooney had received prior training on the mask’s operation.

Procedural History

The plaintiff, Rooney’s administratrix, sued Mine Safety Appliances Co. in the Supreme Court, Richmond County, alleging breach of implied warranty of merchantability. The jury rendered a verdict for the plaintiff. The Appellate Division reversed and dismissed the complaint, finding the plaintiff failed to establish a prima facie case. The New York Court of Appeals then reversed the Appellate Division and reinstated the original verdict.

Issue(s)

1. Whether a jury could reasonably infer that a gas mask malfunctioned due to a design defect, leading to the user’s death by asphyxiation.
2. Whether a manufacturer can be liable for breach of implied warranty when a defectively designed product, though previously used, causes injury to a foreseeable user.

Holding

1. Yes, because the possibilities of gross negligence or intentional acts by the deceased are inherently remote, and the jury could infer the mask malfunctioned.
2. Yes, because a breach of warranty is a tortious wrong suable by a non-contracting party when the use of the warranted article is within the reasonable contemplation of the vendor or manufacturer, especially when the defect is in the original design.

Court’s Reasoning

The court reasoned that while the precise cause of the accident was unknown, it was reasonable for the jury to infer that the mask malfunctioned. The court dismissed the possibilities of Rooney intentionally removing a functioning mask or grossly negligently failing to press the plunger as inherently remote. The court emphasized that the plaintiff’s expert testimony suggested the plunger design was defective, and evidence indicated the plunger was missing with red clay in its place, suggesting it came out in the sewer. The court referenced Chamberlain v. Lehigh Val. R. R. Co., stating, “[We] have held that if any possible hypothesis based on the evidence forbids the imputation of fault to the deceased, as matter of law, the question is for the jury.”

Regarding the