DUDLEY v. SOUTH JERSEY METAL, INC.

No. 76-2019.

555 F.2d 96 (1977)

Maggie DUDLEY, Individually and as guardian ad litem for James Dudley, a minor v. SOUTH JERSEY METAL, INC., a corporation of the State of New Jersey, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 20, 1977.


Attorney(s) appearing for the Case

Arthur Montano, Alan P. Bruce, Kisselman, Deighan, Montano & Summers, Camden, N. J., for appellant.

Tod I. Mammuth, Herbert Monheit, Monheit & Mammuth, Philadelphia, Pa., for appellee.

Before GIBBONS, FORMAN and ROSENN, Circuit Judges.


OPINION OF THE COURT

ROSENN, Circuit Judge.

The dominant issue in this products liability case is whether or not the trial court erroneously precluded the defendant from presenting crucial evidence that it did not fabricate the injury-producing article. The complaint, based on diversity jurisdiction and alleging personal injuries to the minor plaintiff, was tried to a jury and a verdict returned in favor of the plaintiff Maggie Dudley, individually and as...

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