MALEN v. MTD PRODUCTS, INC.

No. 08-3855.

628 F.3d 296 (2010)

Donald MALEN and Sharon Malen, Plaintiffs-Appellants, v. MTD PRODUCTS, INC. and Home Depot U.S.A., Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 2010.

Rehearing and Rehearing En Banc Denied December 21, 2010.


Attorney(s) appearing for the Case

Michael W. Rathsack (argued), Attorney, Thomas A. Reed , Attorney, Chicago, IL, for Plaintiffs-Appellants.

Scott J. Robinson (argued), Attorney, Wegman, Hessler, Vanderburg & O'Toole, Cleveland, OH, John P. McCorry (argued), Attorney, McVey & Parsky, Chicago, IL, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.


WILLIAMS, Circuit Judge.

Donald Malen slipped while getting off his reconditioned riding lawn mower and injured his foot on the rotating blade. He and his wife sued the manufacturer and seller, claiming that the mower was defective in design and construction. The district court granted summary judgment for the defendants because undisputed evidence established that Malen's own actions were the sole proximate cause of his injury. But viewing the record in the light...

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