Legal Opinion
Robert C. Schell and Liberty Mutual Insurance Company v. Amf, Incorporated, and Third-Party v. Capital Bakers, Inc., Third-Party
Court of Appeals for the Third Circuit
Decided December 22, 1977No. 77-1143PublishedCited by 36 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
At issue in this appeal are the roles of court and jury in determining whether a manufacturer was liable under Restatement (Second) of Torts § 402A for an alleged design defect. Plaintiff contends his injury was the result of inadequate protection from moving gears on a machine he was operating. The manufacturer’s defense is that the design it utilized was adequate for normal use. After weighing the relevant considerations, we determine that the question should be decided by a jury.
Plaintiff Robert Schell was seriously injured when his arm became caught…
2Cases cited14 opinions
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Kuisis v. Baldwin-Lima-Hamilton Corp.Supreme Court of Pennsylvania · 1974
- Norman I. Suchomajcz, Administrator of the Estate of Norman Suchomajcz, a Minor v. Hummel Chemical Company, Newark, New JerseyCourt of Appeals for the Third Circuit · 1975
- Mrs. Frances Buckley Ward, Cross-Appellant v. The Hobart Manufacturing Company, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1971
- Dorsey v. Yoder CompanyDistrict Court, E.D. Pennsylvania · 1971
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Burch v. Sears, Roebuck and Co.Supreme Court of Pennsylvania · 1983
- Cepeda v. Cumberland Engineering Company, Inc.Supreme Court of New Jersey · 1978
- Knight v. Otis Elevator Co.Court of Appeals for the Third Circuit · 1979
- 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
- Verge v. Ford Motor Co.Court of Appeals for the Third Circuit · 1978
31 more not listed; retrieve them via the Exa API.