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KIAK v. CROWN EQUIPMENT CORP.

No. 3033 EDA 2007.

989 A.2d 385 (2010)

James Charles KIAK, Appellant v. CROWN EQUIPMENT CORPORATION, Appellee.

Superior Court of Pennsylvania.

Filed January 29, 2010.

Attorney(s) appearing for the Case

Peter M. Patton, Philadelphia, for appellant.

William J. Conroy, Wayne, for appellee.

BEFORE: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN and ALLEN, JJ.

OPINION BY MUSMANNO, J.

¶ 1 James Charles Kiak ("Kiak") appeals from the Order of the trial court granting summary judgment in favor of Crown Equipment Corporation ("Crown") in this product liability action. The trial court concluded that this case is controlled by the decision of a panel of this Court in Arnoldy v. Forklift L.P., 927 A.2d 257 (Pa.Super.2007), and the principles of federal preemption. In Arnoldy,

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