Author Archives: William L. Doerler

New York’s Court of Appeals Clarifies the Burden of Proof in Summary Judgment Cases


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In Rodriguez v. City of New York, 2018 N.Y. LEXIS 793, 2018 NY Slip Op. 02287 (Apr. 3, 2018), New York’s Court of Appeals, New York’s highest court, addressed the question of whether a plaintiff, in moving for summary judgment on the issue of the defendant’s liability, also needs to establish the absence of his or her own comparative negligence. In a 4-3 decision, a majority of the court held that, because the plaintiff’s comparative negligence is a matter of damages, not liability, the plaintiff does not bear that burden. Continue reading

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Vornado Air Recalls Electric Space Heaters


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On April 4, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Vornado Air Recalls Electric Space Heaters Due to Fire and Burn Hazards

According to the CPSC, the electric space heater can overheat when in use.

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Carrier® Recalls to Repair Commercial Rooftop HVAC Units


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 19, 2018, the CPSC announced the following recall related to a product that presents a fire hazard:

Carrier® Recalls to Repair Commercial Rooftop HVAC Units Due to Fire Hazard

According to the CPSC, “[t]he HVAC’s humidimizer fan can fail to shut off when a connected smoke detector is tripped, posing a fire hazard.”

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Kidde Recalls Dual Sensor Smoke Alarms


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 21, 2018, the Consumer Product Safety Commission announced a recall of Kidde dual sensor smoke alarms because they pose a risk of consumers not being alerted to a fire in their home.  The recall is detailed at the following link:

Kidde Recalls Dual Sensor Smoke Alarms Due to Risk of Failure to Alert Consumers to a Fire

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Beanworthy Recalls Combination Battery Chargers/Hand Warmers Sold Exclusively at Amazon.com


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On March 15, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Beanworthy Recalls Combination Battery Chargers/Hand Warmers Due to Fire and Burn Hazard; Sold Exclusively at Amazon.com (Recall Alert)

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Consumer Product Safety Commission Recalls Goodman Manufacturing and Goodman Company Products Due to Fire Hazards


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. Recently, the Consumer Product Safety Commission announced the following recall notices related to products that present fire hazards:

Goodman Manufacturing Recalls Modular Blowers Due to Fire Hazard
Goodman Company Recalls Packaged Terminal Air Conditioners and Heat Pumps Due to Burn and Fire Hazards.

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Fujitsu Recalls Battery Packs for Fujitsu Notebook Computers and Workstations


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 8, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Fujitsu Recalls Battery Packs for Fujitsu Notebook Computers and Workstations Due to Fire and Burn Hazards

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Lenovo Recalls ThinkPad Laptops


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On February 6, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Lenovo Recalls ThinkPad Laptops Due to Fire Hazard

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Vornado Air Recalls Cribside Space Heaters


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In subrogation cases where the insured’s damages were caused by a defective product, the fact that the product at issue is or was subject to a recall announced by the Consumer Product Safety Commission (CPSC) may help to establish that the product was defective when it left the manufacturer’s possession and control. On January 31, 2018, the Consumer Product Safety Commission announced the following recall related to a product that presents a fire hazard:

Vornado Air Recalls Cribside Space Heaters Due to Fire and Burn Hazards

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California’s Right to Repair Act Applies to Construction Defects Resulting in Either Economic Loss or Property Damage


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In McMillin Albany LLC v. Superior Court, 2018 Cal. LEXIS 211 (Jan. 18, 2018), the Supreme Court of California addressed the question of whether California’s Right to Repair Act (“Act”), Civ. Code §§ 895-945.5, applies to claims where the plaintiff alleges that construction defects caused property damage. The court held that the Act – which applies to original construction intended to be sold as an individual dwelling unit – supplanted common law negligence and strict liability actions with a statutory claim under the Act. Thus, where the Act applies, the Act provides the exclusive remedy for plaintiffs seeking to recover for property damages arising from construction defects. Continue reading

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