In Fitzgerald v. Federal Signal Corp. , four New York City firefighters sued Federal Signal Corp. -- the manufacturer of the sirens installed on NYC fire trucks -- claiming the devices caused permanent hearing damage. (The firefighters argued that Federal had a duty to warn of the risk of harm which occurs from prolonged noise exposure.)
When the Kings County Supreme Court granted Federal's request to knock the case out, the bravest appealed to the Appellate Division, Second Department.
Because the manufacturer had no duty to warn of an "open and obvious danger," the AD2 agreed with the lawsuit's dismissal.
That sure wasn't what the firefighters wanted to hear.
To view a copy of the Appellate Division's decision, please use this link: Fitzgerald v. Federal Signal Corp.