Lavin v. Conte

Charles Lavin bought a boat hoist, canopy frame, and canopy from NuCraft (defendant), which provided assembly instructions for the hoist and frame but not the heavy, difficult-to-install canopy; despite prominent hoist warnings against working or standing on a raised boat, Lavin attempted to install the canopy from atop his hoisted pontoon boat, and his wife Vanessa, standing on the pontoon seat holding the canopy overhead, fell into shallow water and suffered spinal injuries. In the resulting products-liability suit, the Lavins' expert presented sketches of an alternative ground-level installation design not used by any manufacturer at the time but never performed a cost-utility analysis or feasibility discussion; the trial court granted NuCraft summary judgment on the negligent-design claim, and the Lavins appealed.