Legal Opinion
Posttape Associates v. Eastman Kodak Company
Court of Appeals for the Third Circuit
Decided June 17, 1976No. 75--2162PublishedCited by 92 opinions
1Opinion of the Court
OPINION OF THE COURT
JOSEPH F. WEIS, Circuit Judge.
In this ease, we are required to evaluate the competing gravitational pulls of the Uniform Commercial Code and the law of torts in a claim for consequential damages arising from the sale of a defective product. We conclude that § 402A of the Restatement of Torts does not apply and that under the circumstances of this case the Commercial Code provides appropriate guidelines for proving an agreement between buyer and seller to limit damages resulting from negligence. Although the trial judge properly charged the jury on the applicability of…
2Cases cited16 opinions
- Seely v. White Motor Co.California Supreme Court · 1965
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
- Santor v. a & M KARAGHEUSIAN, INC.Supreme Court of New Jersey · 1965
- Neville Chemical Company v. Union Carbide CorporationCourt of Appeals for the Third Circuit · 1970
11 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Moorman Manufacturing Co. v. National Tank Co.Illinois Supreme Court · 1982
- Bobby Williams v. Larry BennettCourt of Appeals for the Eleventh Circuit · 1982
- Pennsylvania Glass Sand Corporation v. Caterpillar Tractor CompanyCourt of Appeals for the Third Circuit · 1981
- Chemtrol Adhesives, Inc. v. American Manufacturers Mutual InsuranceOhio Supreme Court · 1989
- Richard Arnold, IV v. Eastern Air Lines, Inc. v. United States of America, Francis C. Mihalek v. Eastern Air Lines, Inc. v. United States of America, Helen Rae Weston, as of the Estate of Lewis M. Weston, Deceased v. Eastern Air Lines, Inc., the Aetna Casualty and Surety Company Aetna Insurance Company American Empire Insurance Company Commercial Union Insurance Company Compagnies D'AssurAnces Du Groupe Concorde Continental Casualty Company Employers Mutual Liability Insurance Company of Wisconsin Hartford Fire Insurance Company Industrial Indemnity Company Maryland Casualty Company Reliance Insurance Company Royal Indemnity Company St. Paul Fire and Marine Insurance Company Security Insurance Company of Hartford the Travelers Indemnity Company Underwriters at Lloyd's and Associated British Insurance Companies United States Fidelity and Guaranty Company United States Fire Insurance Company Zurich Insurance Company v. United States of America Bernard C. Groseclose Alden E. Hare William L. Hogan Dennis L. HunterCourt of Appeals for the Fourth Circuit · 1982
87 more not listed; retrieve them via the Exa API.