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SHULTZ v. BARKO HYDRAULICS, INC.

Civ. A. Nos. 90-340, 89-2057.

832 F.Supp. 142 (1993)

Mark R. SHULTZ, Plaintiff, v. BARKO HYDRAULICS, INC., A DIVISION OF PETTIBONE CORPORATION, a corporation, Barko Hydraulics, a wholly owned subsidiary of Pettibone Corporation, Barko Hydraulics, a division of Pettibone Corporation, and Reckart Equipment, Inc., a corporation, Defendants. Mark R. SHULTZ, Plaintiff, v. BARKO HYDRAULICS, INC., A DIVISION OF PETTIBONE CORPORATION, a corporation, and Reckart Equipment, Inc., a corporation, Defendants.

United States District Court, W.D. Pennsylvania.

April 6, 1993.

Attorney(s) appearing for the Case

Timothy E. Finnerty, Arthur Cutruzzula, Walt Nolducci, Maurizi & Cutruzzula, Pittsburgh, PA, for plaintiff.

Donald W. Bebenek, Julie Fields Sweeney, Meyer, Darragh, Buckler, Bebenek, Eck & Hall, Pittsburgh, PA, for defendants.

MEMORANDUM OPINION AND ORDER

D. BROOKS SMITH, District Judge.

I. INTRODUCTION

On or about February 23, 1988, plaintiff Mark R. Shultz ("Shultz"), a Pennsylvania resident, was seriously injured at work when the arm of a hydraulic log loader — loaded at the time — snapped and fell on his leg. Shultz filed a complaint alleging strict liability, negligence, and breach of warranty claims against defendant Barko Hydraulics...

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