BATTS v. TOW-MOTOR FORKLIFT CO.

No. 91-1511.

978 F.2d 1386 (1992)

Myron BATTS, Plaintiff-Appellant, v. TOW-MOTOR FORKLIFT COMPANY and Caterpillar Industrial, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 23, 1992.


Attorney(s) appearing for the Case

Charles M. Merkel, W. Stephen Cox, Merkel & Cocke, Clarksdale, Miss., for plaintiff-appellant.

John G. Corlew, William F. Ray, Watkins & Eager, Jackson, Miss., for defendants-appellees.

Before BRIGHT, JOLLY, and BARKSDALE, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 23, 1992.

BARKSDALE, Circuit Judge:

At issue in this Mississippi diversity action is whether, under its products liability law, recovery against a product's manufacturer by an injured non-user of that product (a bystander) is barred if the product defect or danger is open and obvious to an ordinary user, regardless of whether the bystander knew, or should have known, of the danger. Myron Batts was injured when...

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