FITZPATRICK v. MADONNA


424 Pa.Super. 473 (1993)

623 A.2d 322

Christine FITZPATRICK, Individually and as Administratrix of the Estate of Kevin Fitzpatrick, Deceased, and Lisa Fitzpatrick, v. Michael MADONNA and Outboard Marine Corporation. Appeal of OUTBOARD MARINE CORPORATION.

Superior Court of Pennsylvania.

Filed February 23, 1993.

Reargument Denied April 29, 1993.


Attorney(s) appearing for the Case

Harry A. Short, Jr., Philadelphia, for appellant.

Stephen R. Bolden, Philadelphia, for appellee.

Before WIEAND, OLSZEWSKI and HOFFMAN, JJ.


WIEAND, Judge:

In this action to recover damages for the death of a swimmer who was struck by a carelessly operated motorboat, the principal issue is whether the outboard motor on the boat was defective because it lacked a propeller guard or shield. After careful review of the evidence in this case, we conclude that there was no basis for finding the motor defective.

On the afternoon of August 10, 1980, while swimming with his sister and several friends at...

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