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SPENCE v. ESAB GROUP, INC.

No. 09-4363.

623 F.3d 212 (2010)

Charles SPENCE, Appellant, v. The ESAB GROUP, INC.

United States Court of Appeals, Third Circuit.

Opinion Filed: October 18, 2010.

Attorney(s) appearing for the Case

William D. George, Esquire (Argued), Connelly, Baker, Wotring LLP, Houston, TX, for Appellant.

Charles S. Marion, Esquire (Argued), Pepper Hamilton LLP, Philadelphia, PA, Justin G. Weber, Esquire , Pepper Hamilton LLP, Harrisburg, PA, Kenneth M. Argentieri, Esquire , Duane Morris LLP, Pittsburgh, PA, for Appellee.

Before: FUENTES, VANASKIE and WEIS, Circuit Judges.

OPINION OF THE COURT

VANASKIE, Circuit Judge.

This appeal calls upon us to determine whether Pennsylvania law imposes upon a shipper a duty of due care to safely secure the goods the shipper has loaded in a third-party carrier's tractor-trailer. The District Court, concluding that Pennsylvania law did not impose such a duty, awarded summary judgment in favor of the shipper, The ESAB Group, Inc. ("ESAB"), and against the carrier's injured driver, appellant...

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