Michael SURACE; Alice Surace, H/w, Appellants, v. CATERPILLAR, INC.; CMI Corporation, Appellees

OPINION OF THE COURT

BECKER, Circuit Judge.

This is a products liability case, Restatement of Torts 2d § 402A, arising out of a construction accident in which the treads of a huge road profiler machine ran over the foot of plaintiff Michael Surace. Surace brought suit against CMI Corporation (“CMI”), the manufacturer of the machine, in the district court for the Eastern District of Pennsylvania. 1 The district court, concluding that the evidence contained in the summary judgment record failed to demonstrate that the profi-ler’s risks outweighed its utility, and also that the profiler presented…