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BROWN v. SEARS, ROEBUCK & CO.

No. 01-4226.

328 F.3d 1274 (2003)

Chani BROWN, individually, and as guardian of her minor son, Kelton Brown, Plaintiff-Appellant, v. SEARS, ROEBUCK & CO., a New York corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

May 14, 2003.

Attorney(s) appearing for the Case

Peter W. Summerill (James R. Hasenyager, with him on the briefs), Ogden, UT, for Plaintiff-Appellant.

James M. Brogan of Piper Marbury Rudnick & Wolfe LLP, Philadelphia, PA (Nancy Shane Rappaport of Piper Marbury Rudnick & Wolfe LLP, Philadelphia, PA, and Tracy Fowler of Snell & Wilmer LLP, Salt Lake City, UT, with him on the brief), for Defendant-Appellee.

Before TACHA, Chief Judge, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

This appeal concerns a product liability action governed by Utah law. Plaintiff Chani Brown sues individually and on behalf of her son, Kelton, who suffered injuries when he was backed over by a riding lawnmower. Plaintiff alleges that the lawnmower, sold by Defendant Sears, Roebuck & Company, was defective in design. She relies on strict liability and negligence theories. On September 26, 2001, the district court entered summary judgment...

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