McLAUGHLIN v. FELLOWS GEAR SHAPER CO.

No. 85-1327.

786 F.2d 592 (1986)

Wilbur R. McLAUGHLIN and Betty McLaughlin, his wife, v. The FELLOWS GEAR SHAPER COMPANY. Appeal of Hermann PFAUTER.

United States Court of Appeals, Third Circuit.

Decided March 24, 1986.


Attorney(s) appearing for the Case

Norbert F. Bergholtz (argued), Jean Wegman Burns, Frank J. O'Hara, Dechert Price & Rhoads, Philadelphia, Pa., for appellants.

Joseph Lurie (argued), Albert B. Gerber, Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for appellee.

Before ADAMS, SLOVITER and MANSMANN, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

I.

This is a Pennsylvania diversity action in which plaintiffs were successful in recovering damages under the strict liability theory of Section 402A of the Restatement of Torts for personal injury caused by defectively designed machinery. On appeal, defendants have raised several trial errors, chiefly, that the district court erred in resubmitting the foreseeability issue to the jury and in sua...

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