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SCHELL v. AMF, INC.

No. 77-1143.

567 F.2d 1259 (1977)

Robert C. SCHELL and Liberty Mutual Insurance Company, Appellants, v. AMF, INCORPORATED, Defendant and Third-Party Plaintiff, v. CAPITAL BAKERS, INC., Third-Party Defendant.

United States Court of Appeals, Third Circuit.

Decided December 22, 1977.

Attorney(s) appearing for the Case

James K. Thomas, James K. Thomas, II, Thomas & Thomas, Harrisburg, Pa., for appellee, AMF, Inc.

James F. Carl, Metzger, Wickersham, Knauss & Erb, Harrisburg, Pa., for appellee, Capital Bakers, Inc.

Philip D. Freedman, Caldwell, Clouser & Kearns, Harrisburg, Pa., for appellants.

Before GIBBONS and WEIS, Circuit Judges and WRIGHT, District Judge.

OPINION OF THE COURT

WEIS, Circuit Judge.

At issue in this appeal are the roles of court and jury in determining whether a manufacturer was liable under Restatement (Second) of Torts § 402A for an alleged design defect. Plaintiff contends his injury was the result of inadequate protection from moving gears on a machine he was operating. The manufacturer's defense is that the design it utilized was adequate for normal use. After weighing the relevant...

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