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MINICHELLO v. U.S. INDUSTRIES, INC.

No. 83-3236.

756 F.2d 26 (1985)

Ernest A. MINICHELLO; Mary Minichello, Plaintiffs-Appellants, v. U.S. INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Thomas Mester, Komito, Nurenberg, Plevin, Jacobson, Heller & McCarthy Co., Harlan Gordon, Richard Alkire, Richard Demsey, Joel Levin (argued), Cleveland, Ohio, for plaintiffs-appellants.

Thomas Schick (argued), McNeal, Schick & Archibald, Cleveland, Ohio, for defendant-appellee.

Before JONES, Circuit Judge, and PECK and BROWN, Senior Circuit Judges.

JOHN W. PECK, Senior Circuit Judge.

This is a product liability case. It presents the question of whether it is error in such a case for a court to admit evidence that a product does not violate federal Occupational Safety and Health Administration (OSHA) standards, in light of the fact that Congress did not intend for OSHA standards to affect the standard of civil liability. Because we consider the admission of such evidence to have been prejudicial error, we reverse...

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