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DIEHL v. BLAW-KNOX

No. 02-3151.

360 F.3d 426 (2004)

Timothy DIEHL; Rose Diehl, Appellants v. BLAW-KNOX, a/k/a, d/b/a, t/a Blaw-Knox, a division of Ingersoll Rand Corporation; Ingersoll-Rand Corporation; Ingersoll-Rand Company, Construction and Mining; Cooper Industries, Inc.; Funk Manufacturing Company, a/k/a, d/b/a, t/a Funk Manufacturing; Deere & Co, a/k/a, d/b/a, t/a John Deere Corporation.

United States Court of Appeals, Third Circuit.

Opinion Filed March 12, 2004.

Attorney(s) appearing for the Case

David J. Selingo [Argued], Kingston, PA, for Appellants.

James W. Gicking [Argued], Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, for Appellee.

Before BARRY, SMITH, Circuit Judges, and POLLAK, District Judge.

OPINION

SMITH, Circuit Judge.

This products liability case, arising under the law of Pennsylvania, presents a question of admissibility under Federal Rule of Evidence 407 of remedial measures offered by a plaintiff to establish that a product is defective. Timothy Diehl was severely injured when his legs became trapped under the rear wheels of a machine manufactured by Blaw-Knox. Mr. Diehl and his wife sued Blaw-Knox,1 alleging...

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