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HABECKER v. CLARK EQUIPMENT CO.

No. 93-7177.

36 F.3d 278 (1994)

Connie L. HABECKER, Individually and as Personal Representative of the Estate of John R. Habecker, Deceased; John Michael Habecker, Minor, by Connie L. Habecker, his Parent, Natural Guardian and Next Friend, Appellants, v. CLARK EQUIPMENT COMPANY; Forklifts, Inc.

United States Court of Appeals, Third Circuit.

Decided September 16, 1994.

Attorney(s) appearing for the Case

Richard W. Hollstein (argued), Clark Ladner Fortenbaugh & Young, Philadelphia, PA, Stanley B. Boychuck, Swanson, Martin & Bell, Chicago, IL, for appellee — Clark Equipment Co.

John A. Statler (argued), Goldberg, Katzman & Shipman, P.C., Harrisburg, PA, for appellee — Forklifts, Inc.

Samuel Posner, Gerald F. Posner (argued), Detroit, MI, Hy Mayerson, Margaret R. Connors, of counsel, Mayerson, Munsing, Corchin & Rosato, P.C., Spring City, PA, for appellants.

Before: MANSMANN, NYGAARD and SEITZ, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

We are revisiting this products liability case after a third trial on the alleged defectiveness of a forklift for its manufacturer's failure to equip it with an operator restraint system. We focus specifically on issues related to the forklift's crashworthiness under Pennsylvania law. Our task is to determine whether the district court's evidentiary rulings, permitting evidence proffered by the defendant-manufacturer...

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