Legal Opinion
Fitzpatrick v. Madonna
Superior Court of Pennsylvania
Decided February 23, 1993No. 2588PublishedCited by 34 opinions
1Opinion of the Court
WIEAND, Judge:
In this action to recover damages for the death of a swimmer who was struck by a carelessly operated motorboat, the principal issue is whether the outboard motor on the boat was defective because it lacked a propeller guard or shield. After careful review of the evidence in this case, we conclude that there was no basis for finding the motor defective.
On the afternoon of August 10, 1980, while swimming with his sister and several friends at Pat Cong Creek Cove, near Ocean City, New Jersey, sixteen year old Kevin Fitzpatrick was struck and killed by a motorboat operated by…
2Cases cited12 opinions
- Barker v. Lull Engineering Co.California Supreme Court · 1978
- Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
- Morena v. South Hills Health SystemSupreme Court of Pennsylvania · 1983
- Dambacher by Dambacher v. MallisSupreme Court of Pennsylvania · 1985
- Burch v. Sears, Roebuck and Co.Supreme Court of Pennsylvania · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Paul R. Forrest v. Beloit Corporation Harnischfeger Industries, IncCourt of Appeals for the Third Circuit · 2005
- Michael SURACE; Alice Surace, H/w, Appellants, v. CATERPILLAR, INC.; CMI Corporation, AppelleesCourt of Appeals for the Third Circuit · 1997
- David C. BARKER and Christina L. Barker, Husband/Wife, v. DEERE AND COMPANY, AppellantCourt of Appeals for the Third Circuit · 1995
- Phillips v. A.P. Green Refractories Co.Superior Court of Pennsylvania · 1993
- Schindler v. Sofamor, Inc.Superior Court of Pennsylvania · 2001
29 more not listed; retrieve them via the Exa API.