Legal Opinion
Berrier v. Simplicity Manufacturing, Inc.
Court of Appeals for the Third Circuit
Decided April 21, 2009No. 05-3621PublishedCited by 131 opinions
1Opinion of the Court
OPINION
McKEE, Circuit Judge.
The primary issue in this appeal is whether Pennsylvania’s strict products liability law extends to a child who was injured when her grandfather backed over her foot while using a riding mower that lacked “back-over” protection. The Pennsylvania Supreme Court has never expressly determined if one who is merely a bystander and not a user of a product can bring a products liability claim against a manufacturer to recover for injuries that occur while an intended user is using the manufacturer’s product. We predict that if the Pennsylvania Supreme Court were…
2Cases cited52 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Webb v. ZernSupreme Court of Pennsylvania · 1966
- Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
- Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
47 more not listed; retrieve them via the Exa API.
3Cited by131 opinions
- Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
- Charles Spence v. Esab Grp IncCourt of Appeals for the Third Circuit · 2010
- Wolfe v. Allstate Property & Casualty InsuranceCourt of Appeals for the Third Circuit · 2015
- Fassett v. Sears Holdings Corp.District Court, M.D. Pennsylvania · 2017
- Schmidt v. Boardman Co.Supreme Court of Pennsylvania · 2011
126 more not listed; retrieve them via the Exa API.