Legal Opinion
Kiak v. Crown Equipment Corp.
Superior Court of Pennsylvania
Decided January 29, 2010No. 3033 EDA 2007PublishedCited by 15 opinions
1Opinion of the Court
OPINION BY
MUSMANNO, J.
¶ 1 James Charles Kiak (“Kiak”) appeals from the Order of the trial court granting summary judgment in favor of Crown Equipment Corporation (“Crown”) in this product liability action. The trial court concluded that this case is controlled by the decision of a panel of this Court in Arnoldy v. Forklift L.P., 927 A.2d 257 (Pa.Super.2007), and the principles of federal preemption. In Amoldy, a panel of this Court concluded that the Occupational Safety and Health Act of 1970 (“OSH Act”), 29 U.S.C.A. §§ 651 et seq., and regulations adopted pursuant to the OSH Act, preempted a…
2Cases cited22 opinions
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Wyeth v. LevineSupreme Court of the United States · 2009
- Maryland v. LouisianaSupreme Court of the United States · 1981
17 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Taylor v. Extendicare Health Facilities, Inc.Superior Court of Pennsylvania · 2015
- Dietz v. Chase Home Finance, LLCSuperior Court of Pennsylvania · 2012
- Hassett v. DafoeSuperior Court of Pennsylvania · 2013
- In re Reglan/Metoclopramide LitigationSuperior Court of Pennsylvania · 2013
- Kittatinny Canoes, Inc. v. Westfall Township, Pennsylvania Court of Common Pleas, Pike County2013
10 more not listed; retrieve them via the Exa API.