Legal Opinion

Baker v. Outboard Marine Corp.

Court of Appeals for the Third Circuit

Decided March 23, 1979No. 78-2059PublishedCited by 48 opinions

1Opinion of the Court

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal concerns the propriety under Pennsylvania law of two aspects of a district court’s jury charge in a products liability case. First, relying on the specific language of section 402A of the Restatement of Torts, the court repeatedly stated that, for the defendant Outboard Marine Corporation to be held liable for damages to the plaintiffs, Jennifer and Susan Baker, the jury must find that a lawn mower manufactured by Outboard was “defective and unreasonably dangerous.” (emphasis added). Second, the court declined to inform the jury…

2Cases cited16 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  3. Webb v. ZernSupreme Court of Pennsylvania · 1966
  4. Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
  5. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978

11 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Burch v. Sears, Roebuck and Co.Supreme Court of Pennsylvania · 1983
  2. Eagle-Picher Industries, Inc. v. BalbosCourt of Appeals of Maryland · 1992
  3. Van Buskirk v. Carey Canadian Mines, Ltd.Court of Appeals for the Third Circuit · 1985
  4. Norwilton Murray v. Fairbanks Morse, Beloit Power Systems, Inc., in No. 78-2224. Cross Appeal of Norwilton Murray, in No. 78-2225Court of Appeals for the Third Circuit · 1979
  5. Hammond, Ruth L., Administratrix of the Estate of James B. Hammond, Sr., and Ruth L. Hammond, in Her Own Right v. International Harvester Co.Court of Appeals for the Third Circuit · 1982

43 more not listed; retrieve them via the Exa API.

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