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Conflict of Laws Keyed to Hay, 16th Ed.
Cooney v. Osgood Machinery, Inc.
Citation:
81 N.Y.2d 66, 595 N.Y.S.2d 919, 612 N.E.2d 277 (1993)Facts
Dennis Cooney, a Missouri resident, was employed by Paul Mueller Company at its Springfield, Missouri plant. In October 1978, Cooney was injured while cleaning a 16-foot wide Pyramid Form Bending Roll machine that was running due to a wedged foot switch. The machine had been manufactured by Kling Brothers in 1957-1958, sold to American Standard in Buffalo, New York in 1958 through sales agent Osgood Machinery, and eventually acquired by Mueller in 1969, which modified it by adding the foot switch. Cooney received workers’ compensation benefits under Missouri law, which barred him from suing Mueller in tort. He then brought a products liability action in New York against Osgood, which in turn sought contribution from Mueller and others.
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