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JORDAN v. PACCAR, INC.

Nos. 93-3301, 93-3361.

37 F.3d 1181 (1994)

Audrey JORDAN, Individually and as Administratrix of the Estate of George A. Jordan, Sr., on Behalf of the Surviving Relatives of George A. Jordan, Sr., Plaintiff-Appellant, Cross-Appellee, v. PACCAR, INC. d/b/a Kenworth Truck Company, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 17, 1994.

Attorney(s) appearing for the Case

Howard A. Schulman (argued and briefed), Schulman, Schulman & Meros, Cleveland, OH, for plaintiff-appellant cross-appellee.

Harry T. Quick (argued and briefed) and Lawrence K. English, Benesch, Friedlander, Coplan & Aronoff, Cleveland, OH, for defendant-appellee cross-appellant.

Before: KEITH, BOGGS, and BATCHELDER, Circuit Judges.

BOGGS, Circuit Judge.

This diversity action charges wrongful death resulting from product liability. Plaintiffs claimed that the death of George Jordan, Sr., in a traffic accident was proximately caused by Defendant's allegedly defective design of a tractor-cab roof. The jury found for Defendant. Plaintiffs appeal from the trial judge's refusal to instruct the jury on two alternate theories of liability that Plaintiffs proposed...

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