Rosario Lindsey, Individually and as of the Estate of Charles Lindsey v. Caterpillar, Inc

OPINION OF THE COURT

JOHN R. GIBSON, Circuit Judge.

Rosario Lindsey, individually and as executrix of the estate of Charles Lindsey, appeals from an order of the District Court granting summary judgment on her claim against Caterpillar arising out of the rollover of a sideboom pipe layer, manufactured by Caterpillar, which resulted in her husband’s death. Lindsey alleged that the pipe layer was defective in that it did not have a rollover protective structure. The District Court held that regulations promulgated under the Occupational Safety and Health Act (“the Act” or “the OSH Act”) created a…