ROE v. DEERE AND CO., INC.

No. 87-5856.

855 F.2d 151 (1988)

ROE, Denise B., Individually and as Executrix of the Estate of Gordon A. Roe, Deceased, Appellant, v. DEERE AND COMPANY, INC.

United States Court of Appeals, Third Circuit.

Decided August 31, 1988.


Attorney(s) appearing for the Case

Laurence M. Kelly (argued), Kelly & Kelly, Montrose, Pa., Edward C. Roberts, York, Pa., for appellant.

Cody H. Brooks, Henkelman, Kreder, O'Connell & Brooks, Scranton, Pa., J. Wilson McCallister (argued), Law Dept. Deere & Co., Moline, Ill., for appellee.

Before GIBBONS, Chief Judge, and MANSMANN and COWEN, Circuit Judges.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this appeal we review the conduct of a products liability trial. At issue was the design of an agricultural tractor and whether the fatal injuries sustained by its operator would have occurred if the tractor had been equipped with a particular safety feature. Of particular concern to us is the plaintiff's attempt to present a theory of liability based upon the lack of crashworthiness of the tractor.

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