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HAMME v. DREIS & KRUMP MFG. CO.

No. 81-2174.

716 F.2d 152 (1982)

HAMME, David B. v. DREIS & KRUMP MANUFACTURING COMPANY v. COLE BUSINESS FURNITURE, DIVISION OF LITTON BUSINESS SYSTEMS, INC., Third Party Defendant. Dries & Krump Manufacturing Company, Appellant.

United States Court of Appeals, Third Circuit.

Decided April 12, 1982.

Order of Certified Judgment in Lieu of Mandate, September 28, 1983.

Attorney(s) appearing for the Case

James W. Evans, Thomas E. Brenner (argued) Goldberg, Evans & Katzman, Harrisburg, Pa., for appellant.

William C. Gierasch, Jr. (argued), Stock & Leader, York, Pa., for appellee Cole Business Furniture, Div. of Litton Business Systems, Inc.

Daniel M. Pell (argued), York, Pa., for appellee David B. Hamme.

Before ALDISERT, ADAMS and ROSENN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

The question presented by this appeal in a diversity case is whether an employer's comparative fault can be adjudicated under the Pennsylvania comparative negligence statute, 42 Pa.Cons.Stat.Ann. § 7102,1 in a personal injury products liability action brought by an employee against a manufacturer who sought to join plaintiff's employer as a third-party defendant. The district court held that...

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