LaFOUNTAIN v. WEBB INDUSTRIES CORP.

No. 91-1305.

951 F.2d 544 (1991)

Terence Wayne LaFOUNTAIN, Appellant, v. WEBB INDUSTRIES CORPORATION and Lloyd H. Knost, individually and trading as Reed Engineering Company; Ted Reed, individually and trading as Reed Engineering Company.

United States Court of Appeals, Third Circuit.

Decided December 11, 1991.


Attorney(s) appearing for the Case

Joseph Lurie (argued), John A. Beranbaum, Galfand, Berger, Lurie & March, Philadelphia, Pa., for appellant Terence W. LaFountain.

Thomas P. Wagner (argued), Judith A. Schneider, Rawle & Henderson, Philadelphia, Pa., for appellee Webb Industries Corp.

Before SLOVITER, Chief Judge, COWEN and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

In this diversity action, we assume that Pennsylvania would adopt the product line exception to successor responsibility in product liability cases but conclude that the availability of a remedy against the original manufacturer makes the exception inapplicable. We also conclude that, in the absence of a commercial relationship, the successor corporation does not owe a duty to warn a customer of the predecessor....

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