Showing posts with label strict liability. Show all posts
Showing posts with label strict liability. Show all posts
Monday, September 13, 2010
BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION
| BARBARA L. AUBREY, INDIVIDUALLY AND AS EXECUTOR OF THE ESTATE OF JAMES R. AUBREY, DECEASED and JENNIFER AUBREY v. PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC., LYCOMING a/k/a TEXTRON LYCOMING RECIPROCATING ENGINE DIVISION, A DIVISION OF AVCO CORPORATION APPEAL OF: PRECISION AIRMOTIVE LLC, PRECISION AIRMOTIVE CORPORATION AND MARK IV INDUSTRIES, INC., No. 783 , 1062 and 1815 EDA 2008 2010 PA Super 169 Atlantic: n/a Filed: 9/13/2010 | |
| Appeal from the Orders Entered February 1, 2008 and May 21, 2008, In the Court of Common Pleas of Philadelphia County Civil Division at No(s): October Term, 2005, No. 001078 | |
| Before: ALLEN, LAZARUS, and FREEDBERG, JJ. | |
| Opinion by: FREEDBERG, J. | |
| Appellants, Precision Airmotive, LLC, Precision Airmotive Corporation and Mark IV Industries, Inc. (collectively, “Precision”) and AVCO Corporation, on behalf of its Lycoming Engines Division (“Lycoming”) appeal from the orders of the trial court denying their respective motions for summary judgment. The Appellees are Barbara Aubrey, individually and as executor of the Estate of James R. Aubrey, and Jennifer Aubrey. We quash the appeals in part and affirm the order of the trial court in part. | |
Labels:
Allen,
Civil,
failure to warn,
Freedberg,
Lazarus,
negligence,
strict liability,
Summary Judgment
Wednesday, August 18, 2010
JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA
| JEFFREY SMITH AND SUSAN SMITH, HIS WIFE v. YAMAHA MOTOR CORPORATION, U.S.A., A CALIFORNIA CORPORATION, YAMAHA INTERNATIONAL CORPORATION, A CALIFORNIA CORPORATION, AND YAMAHA MOTOR MANUFACTURING CORPORATION OF AMERICA, A GEORGIA CORPORATION No. 1313 WDA 2008 2010 PA Super 154 Atlantic: n/a Filed: 8/18/2010 | |
| Appeal from the Order Entered July 21, 2008, in the Court of Common Pleas of Armstrong County, Civil Division, at No. 2001-0669 | |
| Before: BENDER, BOWES AND CLELAND*, JJ | |
| Opinion by: BOWES, J. | |
| Jeffrey and Susan Smith appeal from the July 21, 2008 order granting summary judgment in favor of Yamaha Motor Corporation, U.S.A., Yamaha International Corporation, and Yamaha Motor Manufacturing Corporation of America (collectively “Yamaha”). After careful review, we reverse and remand. | |
Thursday, December 17, 2009
THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC.
| THOMAS F. ATWELL, JR., EXECUTOR OF THE ESTATE OF THOMAS F. ATWELL, DECEASED v. JOHN CRANE, INC. No. 2892 EDA 2008 2009 PA Super 246 Atlantic: n/a Filed: 12/17/2009 | |
| Appeal from the Judgment entered November 19, 2008 In the Court of Common Pleas of Philadelphia County Civil Division, May Term, No. 1366 | |
| Before: FREEDBERG, CLELAND and KELLY, JJ. | |
| Opinion by: KELLY, J. | |
| This is an appeal from the judgment of $150,000 in favor of Appellee/plaintiff below in an action based on claims of strict liability stemming from the death of Appellee’s decedent from lung cancer. The question raised by Appellant is whether the litigation of state tort claims based on work related asbestos exposure is preempted by federal law where the employment, and thus the exposure, occurs in a railroad maintenance facility. We affirm. | |
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Monday, June 1, 2009
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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Labels:
Civil,
defective,
Donohue,
Fitzgerald,
McEwen,
negligence,
strict liability
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