HABECKER v. CLARK EQUIPMENT CO.

No. 90-5645.

942 F.2d 210 (1991)

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, Appellants, v. CLARK EQUIPMENT CO.; Forklifts, Inc., Appellees.

United States Court of Appeals, Third Circuit.

Decided August 21, 1991.

Rehearing Denied September 27, 1991.


Attorney(s) appearing for the Case

Samuel Posner and Gerald F. Posner (argued), Posner, Posner and Posner, Detroit, Mich., for appellants.

Richard W. Hollstein and William G. Downey (argued), Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for appellee Clark Equipment Co.

John A. Statler (argued), Goldberg, Katzman & Shipman, Harrisburg, Pa., for appellee Forklifts, Inc.

Before STAPLETON and ALITO, Circuit Judges, and CAHN, District Judge.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

Connie Habecker and John Michael Habecker, decedent's wife and minor child, claim that defendants are strictly liable for John Habecker's death under the doctrine of "crashworthiness" because a forklift without an operator restraint system is a defective product. Appealing for the second time from a jury verdict for defendants, the Habeckers raise two major claims....

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