CHILDERS v. JOSEPH

No. 87-3264.

842 F.2d 689 (1988)

Sharon V. CHILDERS, Administratrix of the Estate of Willard Edgar Childers, Deceased, Appellant, v. Kenneth W. JOSEPH, t/d/b/a Sunrise Equipment and Supply Company; Sunrise Equipment and Supply Company; Ohio Edison, a corporation; General Motors Corporation; Pitman Manufacturing Company; A.B. Chance Company; Emerson Electric Company, a corporation; Toombs Truck and Equipment Company; Hugh L. Strickland, Inc., Appellees, v. POWER LINE EQUIPMENT RENTALS, INC., Sandra L. Simpson, t/a E & S Service & Repair, and Howard P. Foley Co., Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Decided March 22, 1988.


Attorney(s) appearing for the Case

Francis J. Carey (argued), Balzarini, Carey & Watson, Pittsburgh, Pa., for appellant.

Richard J. Federowicz (argued), Weis & Weis, Pittsburgh, Pa., for appellee Ohio Edison.

Carl A. Eck, Louis C. Long (argued), Meyer, Darragh, Buckler, Bebenek & Eck, Pittsburgh, Pa., B. Lynn Enderby and Judith A. Zakens, Office of General Counsel, General Motors Corp., Detroit, Mich., for appellee General Motors Corp.

C. Richter Taylor, Jr. (argued), Wendelynne J. Newton, Buchanan Ingersoll, P.C., Pittsburgh, Pa., for appellees Pitman Mfg. Co., A.B. Chance Co., Emerson Elec. Co. and Toombs Truck and Equipment Co.

Arthur J. Murphy, Jr., Lawrence G. Paladin, Jr., Murphy, Taylor & Adams, P.C., Pittsburgh, Pa., for appellee Hugh L. Strickland, Inc.

Frederick N. Egler, Jr. (argued), Linda Law Carroll, Egler, Anstandig, Garrett & Riley, Pittsburgh, Pa., for third-party defendant Power Line Equipment Rentals, Inc.

Before SLOVITER and COWEN, Circuit Judges, and DEBEVOISE, District Judge.


OPINION OF THE COURT

COWEN, Circuit Judge.

This is a complex, multi-defendant products liability and negligence case in which the plaintiff alleges that Willard Childers, her deceased husband, was killed as a result of defects in the digger/derrick truck he was operating at the time of his death. We will affirm the district judge's order dismissing plaintiff's negligence claim against defendant Ohio Edison by way of summary judgment, because we believe ...

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