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NEWELL RUBBERMAID, INC. v. RAYMOND CORP.

No. 10-3912.

676 F.3d 521 (2012)

NEWELL RUBBERMAID, INC., Plaintiff-Appellant, v. The RAYMOND CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 3, 2012.

Attorney(s) appearing for the Case

ARGUED: Matthew M. Nee , Lakewood, Ohio, for Appellant. Raymond D. Jamieson , Quarles & Brady LLP, Milwaukee, Wisconsin, for Appellee. ON BRIEF: Matthew M. Nee , Lakewood, Ohio, Nicholas A. Panagopoulos II , Cleveland, Ohio, for Appellant. Raymond D. Jamieson , Patrick W. Schmidt , Quarles & Brady LLP, Milwaukee, Wisconsin, Harry T. Quick , Brzytwa Quick & McCrystal LLC, Cleveland, Ohio, for Appellee.

Before: BATCHELDER, Chief Judge; CLAY and GILMAN, Circuit Judges.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Newell Rubbermaid, Inc. (Newell) filed this subrogation action to hold The Raymond Corporation (Raymond) liable for workers' compensation benefits that Newell paid its employee, Jean Hashman, after she sustained injuries in a forklift accident at work. Raymond had designed and manufactured the forklift. Newell asserts that a design defect — the failure to include...

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