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BERRIER v. SIMPLICITY MFG., INC.

No. 05-3621.

563 F.3d 38 (2009)

Wayne BERRIER; Brenda Gregg, in their own right and as parents and natural guardians of Ashley Berrier, a minor, Appellants v. SIMPLICITY MANUFACTURING, INC., Third-Party Plaintiff v. Susie Shoff; Melvin Shoff, Third-Party Defendants.

United States Court of Appeals, Third Circuit.

Opinion filed: April 21, 2009.

Attorney(s) appearing for the Case

Alan M. Feldman, Esq. (Argued) Daniel J. Mann, Esq. Feldman, Shepherd, Wohlgelernter, Tanner, & Weinstock, Philadelphia, PA, for Plaintiffs-Appellants.

Shanin Specter, Esq. (Argued), David J. Caputo, Esq., Kline & Specter, Philadelphia, PA, for Amicus Curiae The Pennsylvania Trial Lawyers Association.

Nancy Shane Rappaport, Esq. (Argued), James M. Brogan, Esq., DLA Piper Rudnick Gray Cray US, LLP, Philadelphia, PA, Donald H. Carlson, Esq., Crivello, Carlson & Mentkowski, Milwaukee, WI, for Appellee Simplicity Manufacturing, Inc.

James M. Beck, Esq., Dechert, Philadelphia, PA, Hugh F. Young, Jr., Esq. Of Counsel: Product Liability Advisory Council, Inc., Reston, VA, for Amicus Curiae Product Liability Advisory Council.

John F. Lewis, Esq., Swartz Campbell, Philadelphia, PA, for Third Parties-Appellees Susie Shoff and Melvin Shoff.

Before: McKEE, AMBRO, and FISHER Circuit Judges.

OPINION

McKEE, Circuit Judge.

The primary issue in this appeal is whether Pennsylvania's strict products liability law extends to a child who was injured when her grandfather backed over her foot while using a riding mower that lacked "back-over" protection. The Pennsylvania Supreme Court has never expressly determined if one who is merely a bystander and not a user of a product can bring a products liability claim against a manufacturer to recover for injuries...

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