JAMES CHARLES KIAK v. CROWN EQUIPMENT CORPORATION

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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TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATI

TARA GAUDIO, INDIVIDUALLY and as The ADMINISTRATRIX of the ESTATEof ANDREW M. GAUDIO, as well as in HER CAPACITY as PARENT to PATRICIA GAUDIO, CATHERINE GAUDIO, ROCCO J. GAUDIO, BROOKLYN GAUDIO, Minors v. FORD MOTOR COMPANY, AUTOLIV, GIBBONS FORD, MASTHOPE RAPIDS PROPERTY OWNERS COUNCIL, No. 1021 EDA 2007 2009 PA Super 102 Atlantic: n/a Petition for Reargument Denied 8/6/2009 Filed: 6/1/2009
	Appeal from Judgment of the Order entered April 4, 2007, Court of Common Pleas, Pike County, Civil Division at No. 1135-2002
Before: DONOHUE, McEWEN, P.J.E. and FITZGERALD, JJ.
Opinion by: DONOHUE, J.
Concurring and Dissenting Opinion Opinion by: FITZGERALD, J.
Appellant Tara Gaudio (“Gaudio”), both individually and as the administratrix of the estate of Andrew M. Gaudio (the “Deceased”), appeals from the trial court’s order dated April 4, 2007 entering judgment in favor of Appellee Ford Motor Company (“Ford”) after a jury trial that resulted in a verdict in Ford’s favor. Gaudio appeals various evidentiary rulings made by the trial court prior to and during trial, and further contends that the trial court erred in certain of its instructions to the jury. For the reasons set forth herein, we reverse and remand for a new trial

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