Daniel Beaumont v. Warner & Swasey Co. Et Al‪.‬

[36 A.D.2d 894 Page 894] Memorandum: Plaintiff, an employee of third-party defendant Amadori Construction Co., Inc. (Amadori) and a co-employee of third-party defendant Alvin Rhodes, was injured on the job when a crawler type backhoe owned by Amadori and operated by Rhodes ran into and upon him. Plaintiff brought action against Warner & Swasey Co. (Warner) and Dow & Company (Dow), alleging that the backhoe was manufactured and marketed to Amadori by Warner and Dow. He further alleged that his injuries were caused solely by reason of the negligence of said defendants, in that they failed to install upon said backhoe adequate warning and safety devices, failed in design and construction to provide adequate visibility [36 A.D.2d 894 Page 895]