Legal Opinion

Vargus, Wendy E., Ind. And as Administratrix of the Estate of Vargus, Jessie H., Deceased v. Pitman Manufacturing Company v. Henkels & McCoy Inc

Court of Appeals for the Third Circuit

Decided March 30, 1982No. 81-1802PublishedCited by 46 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

The major question presented by appellant’s petition for rehearing in this diversity case is whether the Pennsylvania Supreme Court’s decision in Rutter v. Northeastern Beaver County School District, 496 Pa. 590, 437 A.2d 1198 (1981), effected a substantial change in Pennsylvania’s law of assumption of risk. If so, we must decide whether the panel should vacate the district court’s judgment, 510 F.Supp. 116, and remand for reconsideration in light of this change. Acting on evidence overwhelmingly in support of its verdict, the jury in this ease…

2Cases cited22 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
  3. Spector Motor Service, Inc. v. McLaughlinSupreme Court of the United States · 1944
  4. Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
  5. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978

17 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. James Leroy Jackson v. Johns-Manville Sales Corporation and Raybestos-Manhattan, Inc., DefendantsCourt of Appeals for the Fifth Circuit · 1986
  2. Ciccarelli v. Carey Canadian Mines, Ltd.Court of Appeals for the Third Circuit · 1985
  3. Hammond, Ruth L., Administratrix of the Estate of James B. Hammond, Sr., and Ruth L. Hammond, in Her Own Right v. International Harvester Co.Court of Appeals for the Third Circuit · 1982
  4. McGowan v. University of ScrantonCourt of Appeals for the Third Circuit · 1985
  5. Honeywell, Inc. v. American Standards Testing Bureau, Inc. v. Aetna Life & Casualty CompanyCourt of Appeals for the Third Circuit · 1988

41 more not listed; retrieve them via the Exa API.

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