Martin T. Kosmynka and Christine Kosmynka v. Polaris Industries, Inc., Docket No. 05-3958-Cv

U.S. Court of Appeals, Second Circuit · Decided 2006-09-01

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DENNIS JACOBS, Circuit Judge. Martin Kosmynka was loading an all-terrain vehicle (“ATV”) onto a trailer when the vehicle climbed the far wall of the trailer, flipped over, and rendered Mr. Kosmynka paralyzed. Mr. Kosmynka and his wife sued the ATV manufacturer, defendant Polaris Industries, Inc. (“Polaris”), on theories of strict products liability, negligence, and breach of imp…

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