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Case Notes
MA Federal Court: No Reasonable Jury Could Conclude Distributor Sold Machine
In Al-Yaseri v. TMB Baking, 2016 U.S. Dist. LEXIS 2244 (D.Mass. 2016), the plaintiff alleged he was injured, while working as a baker, by a machine sold by the defendant distributor, and asserted claims for negligence and breach of the implied warranties of merchantability (the Massachusetts near-equivalent of strict liability) and fitness for a particular purpose.
The defendant admitted selling the model of machine that injured the plaintiff, but disputed it sold the particular machine, and moved for summary judgment arguing there was insufficient evidence from which a jury could conclude that it did.
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