Shelby J. Burton, Administratrix of the Estate of Robert Lee Burton, Deceased v. L. O. Smith Foundry Products Co.

This diversity case was brought by the administratrix of the estate of Robert Burton for damages resulting from an accident that caused Burton’s death. The original defendant was the Osborn Manufacturing Company, but the plaintiff later added two counts directed solely against the appellee, L. 0. Smith Foundry Products (“Smith”). The two added counts were based on breach of warranty and strict liability in tort; plaintiff acknowledges the two to be equivalent under Indiana law. The District Court granted summary judgment in favor of Smith on both counts, and made the direction and…