Wyman W. Cole v. Elliott Equipment Corporation, McCullagh Leasing, Inc.

POLITZ, Circuit Judge:

In this diversity jurisdiction suit, Wyman W. Cole asserts a products liability claim against the manufacturer and the third-party financier of an aerial basket. Determining that the arrangement by which the equipment was financed, although labeled a “lease” was actually a financing agreement, the trial court concluded that § 402A of the Restatement of Torts 1 was not applicable and granted defendants’ motion for summary judgment dismissing the claim. We affirm.

Cole, a lineman employed by R. S. Goodman Company, was injured when the sixty-five foot aerial basket he…