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| | Leong v. Sears Roebuck & Co. |
 | | In her complaint against Sears, filed on April 9, 1996, and likewise in her counterclaim against Westinghouse and Schindler, filed on January 31, 1997, Leong alleged, inter alia, that Sears, Westinghouse, and Schindler were liable, pursuant to a theory of products liability, for the damages resulting from the accident. |
 | | Inasmuch as Sears did not produce the escalator, it is unable to protect against defects by means of the exercise of greater care during manufacture and assembly. |
 | | Moreover, Sears, and the numerous other businesses that utilize escalators in their buildings, cannot be presumed to have the expertise necessary to know of and correct defects in their escalators so as to justify imposing responsibility for dangerous conditions regardless of negligence. |
| www.state.hi.us /jud/20865.htm (3463 words) |
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