Is retailer covered for negligence in assembling display unit?
Lechmere, Inc., had a retail store in Cambridge, Massachusetts, where it sold Nintendo Game Boy software products. As part of its sales strategy, Lechmere in August 1993 purchased a large interactive Game Boy display unit that consisted of a display pedestal, a 20-inch JVC television monitor, and a Game Boy interactive demovision display which housed the software. The unit was 72 inches high, 36 inches wide, and 18 inches deep, and it weighed 218 pounds. The unit was manufactured by KCS Industries, Inc., for Nintendo, Inc., which in turn sold the unit to Lechmere. Sometime before August 1994, Lechmere assembled the unit. On August 2, 1994, five-year-old Tony Makrigiannis was injured when the top portion of the unit fell on top of him as he was attempting to use it. In 1997, Tony (with his parents and next friends) sued Nintendo and Lechmere, alleging several forms of negligence. At the time of the accident, Nintendo had a liability insurance policy with Sumitomo Marine and Fire Insuran
