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ESTATE OF CAREY BY CAREY v. HY-TEMP MFG., INC.

No. 89-1904.

929 F.2d 1229 (1991)

ESTATE OF Mark CAREY, Deceased, by Sharon CAREY, Independent Administrator, Wannetta Carter, John Gannon, Mary Anne Gannon, and Paul Gannon, Plaintiffs-Appellants, v. HY-TEMP MANUFACTURING, INC. and Therm-O-Disc, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 15, 1991.

Rehearing Denied May 28, 1991.

Attorney(s) appearing for the Case

Edward R. Theobald, Mary M. McCarthy, Chicago, Ill., and Russell J. Luchtenburg, Chicago, Ill., for plaintiffs-appellants.

James P. DeNardo, Christine L. Olson, Lyndon C. Molzahn, McKenna, Storer, Rowe, White & Farrug, Chicago, Ill. and John Doyle, and Roger W. Wenthe, McDermott, Will & Emery, Chicago, Ill., for defendants-appellees.

Before WOOD, Jr. and CUDAHY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge.

Before us is a strict products liability case arising under diversity jurisdiction, 28 U.S.C. § 1332. The plaintiffs appeal from a jury verdict in favor of the defendant Hy-Temp Manufacturing ("Hy-Temp") and from the grant of a directed verdict in favor of the defendant Therm-O-Disc ("TOD"). We must decide whether the District Court erred in refusing to instruct the jury regarding Hy-Temp's alleged duty to warn of foreseeable dangers...

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