Legal Opinion

Habecker v. Clark Equipment Co.

District Court, M.D. Pennsylvania

Decided August 25, 1992No. Civ. A. 1:CV-86-0352PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM

RAMBO, District Judge.

Before the court are six motions filed in anticipation of the retrial of this strict products liability action—five by plaintiffs and one by defendants—addressing a farrago of issues. These motions are fully briefed and ripe for disposition.

Background

This action arises from the death of John Habecker in 1984. Mr. Habecker, a civilian employee at the New Cumberland Army Depot, was killed when a forklift he was attempting to back down a ramp slipped off the side of the ramp. The mishap threw Mr. Habecker out of the cab, and he was crushed beneath the falling…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  4. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  5. Paul J. Glick v. White Motor Company v. North American Rockwell Corp., (Third Party Defendant)Court of Appeals for the Third Circuit · 1972

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3Cited by15 opinions

  1. Patton v. Hutchinson Wil-Rich Manufacturing Co.Supreme Court of Kansas · 1993
  2. Craig Francis v. Clark Equipment CompanyCourt of Appeals for the Sixth Circuit · 1993
  3. Tunender v. MinnaertSouth Dakota Supreme Court · 1997
  4. Crowston v. Goodyear Tire & Rubber Co.North Dakota Supreme Court · 1994
  5. 40 Fed. R. Evid. Serv. 958, prod.liab.rep. (Cch) P 14,045 Connie L. Habecker, Individually and as Personal Representative of the Estate of John R. Habecker, Deceased John Michael Habecker, Minor, by Connie L. Habecker, His Parent, Natural Guardian and Next Friend v. Clark Equipment Company Forklifts, IncCourt of Appeals for the Third Circuit · 1994

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