Peltz Ex Rel. Estate of Peltz v. SEARS, ROEBUCK

MEMORANDUM

BARTLE, District Judge.

Plaintiff Joseph F. Peltz, in his own right and as Administrator of the Estate of Elizabeth Ann Peltz, and plaintiff Henry Vahey, in his own right and as Administrator of the Estate of John Leo Vahey, bring this diversity action against defendant Sears, Roebuck and Company (“Sears”). They assert claims under the Pennsylvania Wrongful Death Act, 42 Pa. Con. Stat. Ann. § 8301 and the Pennsylvania Survival Act, 42 Pa. Con. Stat. Ann. § 8302, for negligence, strict liability, and breach of warranty. The plaintiffs allege that on August 20, 2002, during an…