Harold Murphy v. Eaton, Yale & Towne, Inc.

WEICK, Circuit Judge.

This is a products liability case governed by Michigan law. Plaintiff sued Eaton, Yale & Towne, Inc. (Eaton), the manufacturer of a forklift truck, for personal injuries sustained by him when one of three large, heavy bales of waste hides (which bale he had placed on top of the other two on the forklift, all three of which he was attempting to lift into a gondola car) tilted and fell backwards onto his back, severely injuring him. Plaintiff’s complaint, filed in the District Court, contained four counts charging Eaton with negligence, wanton and wilful misconduct, breach…