| JAMES CHARLES KIAK v. CROWN EQUIPMENT CORPORATION No. 3033 EDA 2007 2010 PA Super 13 Atlantic: n/a Filed: 1/29/2010 | |
| Appeal from the Order Entered October 24, 2007. in the Court of Common Pleas of Philadelphia County, Civil No., October Term, 2000 No. 3340 | |
| Before: FORD ELLIOTT, P.J., MUSMANNO, ORIE MELVIN, BENDER, BOWES, PANELLA, DONOHUE, SHOGAN AND ALLEN; JJ. | |
| Opinion by: MUSMANNO, J. | |
| 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, a panel of this Court concluded that the Occupational Safety and Health Act of 1970 (“OSH Act”), 29 U.S.C.A. §§ 651 et seq., and regulations adopted pursuant to the OSH Act, preempted a similar state tort law claim. We hereby overrule Arnoldy, reverse the Order of the trial court and remand for further proceedings. | |
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