Legal Opinion

Mark W. Heckman v. The Federal Press Company, Allen Bradley Company C/o Corporation Trust Company v. Clark Equipment Company, Brown Trailer Division

Court of Appeals for the Third Circuit

Decided January 3, 1979No. 78-1173PublishedCited by 45 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

In this products liability case, a jury found that a power press manufactured by defendant without a guarding device was unreasonably dangerous, and awarded plaintiff damages for the injuries he sustained while operating the machine. Although the question of liability was for the jury, the judgment must be vacated because of error in permitting expert testimony that included a “growth factor” in projecting future loss of earnings. Admission of such evidence being impermissible under applicable Pennsylvania law, we grant a new trial.

Plaintiff’s left hand…

2Cases cited19 opinions

  1. Gasoline Products Co. v. Champlin Refining Co.Supreme Court of the United States · 1931
  2. Webb v. ZernSupreme Court of Pennsylvania · 1966
  3. Bexiga v. Havir Manufacturing Corp.Supreme Court of New Jersey · 1972
  4. Mary Vizzini, Administratrix of the Estate of Salvatore Vizzini, Deceased v. Ford Motor Company C/o C. T. Corp. SystemCourt of Appeals for the Third Circuit · 1977
  5. Hoffman v. Sterling Drug, Inc.Court of Appeals for the Third Circuit · 1973

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

3Cited by45 opinions

  1. Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
  2. Childers v. JosephCourt of Appeals for the Third Circuit · 1988
  3. Bilotta v. Kelley Co., Inc.Supreme Court of Minnesota · 1984
  4. 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
  5. Morrison Knudsen Corp. v. Fireman's Fund InsuranceCourt of Appeals for the Tenth Circuit · 1999

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API