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HOOVER v. SWITLIK PARACHUTE CO.

No. 81-5282.

663 F.2d 964 (1981)

Richard D. HOOVER, Plaintiff-Appellee, v. SWITLIK PARACHUTE COMPANY, Co-Defendant-Appellant, Pioneer Systems, Inc., Co-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1981.

Attorney(s) appearing for the Case

Arthur Stanley Katz, Los Angeles, Bernard Lauer, Beverly Hills, Cal., for co-defendant-appellant.

Shield & Smith, Los Angeles, Cal., Mason Rose, Rolling Hills Estates, Cal., argued, for plaintiff-appellee; Ingall Bull, Jr., Los Angeles, Cal., on brief.

Before CHOY, Circuit Judge, KASHIWA, Judge, and NORRIS, Circuit Judge.

KASHIWA, Judge:

This appeal involves a grant of summary judgment in a product liability case. Although the motion was made by one co-defendant against the plaintiff, its effect was to limit liability for manufacture of a potentially defective part to a second co-defendant. We must decide first, whether depositions taken prior to joinder of the second co-defendant could be used as affidavits in support of such a motion; and second, whether there were genuine issues...

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