Legal Opinion
Morello v. Kenco Toyota Lift
District Court, E.D. Pennsylvania
Decided October 8, 2015No. CIVIL ACTION NO. 09-4412PublishedCited by 13 opinions
1Opinion of the Court
MEMORANDUM
KEARNEY, DISTRICT JUDGE
Plaintiff seeks damages due to an injury caused by a forklift hitting him while operating in reverse in his workplace. Courts have long analyzed whether machinery with optional safety accessories is defective for failing, as a design matter, to include the optional safety accessories as standard on all machines. We now address whether a forklift seller can be liable for injuries in negligence, strict liability or breach of warranty caused by an industrial forklift which did not include safety accessories such as lights or noises when operating the forklift in…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Blunt v. Lower Merion School DistrictCourt of Appeals for the Third Circuit · 2014
- Philip J. Podobnik v. United States Postal Service National Rural Letter Carriers Association John E. Potter, Postmaster General of the United StatesCourt of Appeals for the Third Circuit · 2005
- Althaus Ex Rel. Althaus v. CohenSupreme Court of Pennsylvania · 2000
23 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Reeves v. Travelers Cos.District Court, E.D. Pennsylvania · 2017
- ABDUL v. UNIVERSAL PURE LLCDistrict Court, E.D. Pennsylvania · 2023
- ARCONIC CORPORATION v. NOVELIS INC.District Court, W.D. Pennsylvania · 2023
- BYERS v. FINISHING SYSTEMS, INC.District Court, M.D. Pennsylvania · 2025
- KLUENDER v. UNITED STATES LIABILITY INSURANCE CO., INC.District Court, E.D. Pennsylvania · 2025
8 more not listed; retrieve them via the Exa API.