SILVESTRI v GM...too old to use???

[Mec4040]

What is the name of your state? NY

Hello,

Sorry if this question sounds dumb but am not sure how this works and want to make sure what might be the correct thing.

I found this case "SILVESTRI v GM" and it happened around 2000 or 2001. In this case a judge "Paul Niemeyer" from the fourth ciruit said...Circumstantial proof is suffcient under new york law, to establish a 'prima facie case' in a products liability case and a plaintiff need merly prove the product did not perform as intended.

** My question...if this is true and it happened around 6 years ago, is it possible that they changed this law?

Meaning, I need to know/find out if 'the need to merly prove the product did not perform' still is in effect or has the law changed this?


Thanks for taking the time to read this.

Jon

Email:
accteam@allcitycontracting.com

 

[BelizeBreeze]

Did you READ the case? Or did you just find the part you think will help you and think that would be enough .???

 

[Mec4040]

Hello,

I guess from your reply, I dont know how the law works correctly. You are right and if you could please explain why I read it wrong. It would mean of alot of help to me. Thanks so much for your time.



Jon

 

[seniorjudge]

Did you READ the case? Or did you just find the part you think will help you and think that would be enough .???

Excellent questions....

 

[seniorjudge]

What is the name of your state? NY

Hello,

Sorry if this question sounds dumb but am not sure how this works and want to make sure what might be the correct thing.

I found this case "SILVESTRI v GM" and it happened around 2000 or 2001. In this case a judge "Paul Niemeyer" from the fourth ciruit said...Circumstantial proof is suffcient under new york law, to establish a 'prima facie case' in a products liability case and a plaintiff need merly prove the product did not perform as intended.

** My question...if this is true and it happened around 6 years ago, is it possible that they changed this law?

Meaning, I need to know/find out if 'the need to merly prove the product did not perform' still is in effect or has the law changed this?


Thanks for taking the time to read this.

Jon

Email:
accteam@allcitycontracting.com

What happened when you shepardized the case?

 

[Mec4040]

Hello,

I dont understand this forum I thought was here to help people maqke sense of the law...why do some of you point fingers and not help?

aside from someone explaining what part I did wrong...can you also take the time to explain what does "What happened when you shepardized the case?" mean?

Why do you people who know the law write like this. You can tell from my first post that I clearly do not understand the law, so why write is such a way that I cant make sense of it? I came here for help.



Jon

 

[seniorjudge]

Hello,

I dont understand this forum I thought was here to help people maqke sense of the law...why do some of you point fingers and not help?

aside from someone explaining what part I did wrong...can you also take the time to explain what does "What happened when you shepardized the case?" mean?

Why do you people who know the law write like this. You can tell from my first post that I clearly do not understand the law, so why write is such a way that I cant make sense of it? I came here for help.



Jon

Jon, we do not do research.

(By the way, here is a hint: Google.)

 

[fireboat1]

You are experiencing a common problem on this site. there are alot of people that reply giving nothing but insult or arrogance.Too often they reply as though this is a"For Legal information only site"Yet the terms and conditions state those with experience with the subject are invited to share.Regardless of what some of these wizards think,Law is as good as the person that interperts it.Therefore,attys.are all about arguing.I have replied often on this site with experiences I have come across ,yet constantly get flack from many of the s called experts .You can tell whom they are,the ones with tens of thousands of replies.All I can suggest is ignore the fools,hope someone with sense comes along and gives you the information you asked for.It doesn't take a genius to know Google is out there.We sometimes would like to get the information we need from someone that has EXPERIENCE in the subject.I can only imagine my post will be attacked ,by the same old experts,then we can expect the post to be locked.I apologize for answering your post without information you need,but want you to know ,your not alone in your thoughts about some of the replies you get here.

 

[msiron]

I found this in a search. This might help you.

http://www.lectlaw.com/files/lwr17.htm

 

[Mec4040]

Hello,

I want to truly thank the last two people for posting. I thought at first maybe I had done something wrong but reading that made it so much better sense.


Thanks again for the help and time.


Me