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BAKER v. OUTBOARD MARINE CORP.

No. 78-2059.

595 F.2d 176 (1979)

Jennifer BAKER, a minor, by her parent and natural guardian, Susan M. Baker, and Susan M. Baker, Individually, Appellants, v. OUTBOARD MARINE CORP., Defendant and Third-Party Plaintiff, v. Anna F. PENTZ, Clarence L. Weller and Betty I. Weller, his wife, and Clarence L. Weller, d/b/a Weller's Garage, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided March 23, 1979.

Attorney(s) appearing for the Case

Richard C. Angino, Hurwitz, Klein, Benjamin & Angino, Harrisburg, Pa., for appellants.

William D. Boswell, Berman, Boswell, Snyder & Tintner, Harrisburg, Pa., for defendants.

Before HUNTER and GARTH, Circuit Judges, and LAYTON, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This appeal concerns the propriety under Pennsylvania law of two aspects of a district court's jury charge in a products liability case. First, relying on the specific language of section 402A of the Restatement of Torts, the court repeatedly stated that, for the defendant Outboard Marine Corporation to be held liable for damages to the plaintiffs, Jennifer and Susan Baker, the jury must find that a...

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