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Case Citations [i] (July 2016 through April 2017)

handle is hein.ali/resttpl4298 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Generally C.A.3, 2016. Cit. generally in ftn. In a products-liability and negligence action arising from a fatal airplane crash, widow of deceased pilot asserted claims for defective design and failure to warn against manufacturer of the airplane's engine. The district court granted partial summary judgment for manufacturer on its design-defect claim. Reversing on interlocutory appeal, this court held that widow's design-defect claim was not preempted by the Federal Aviation Act. In making its decision, the court noted that it applied the Restatement Third of Torts: Products Liability to products-liability cases, rather than the Restatement Second. Sikkelee v. Precision Airmotive Corp., 822 F.3d 680, 686. C.A.9, 2016. Cit. generally in case cit. in sup. Decedent's heirs brought claims sounding in strict liability, inter alia, against shipbuilders, alleging that decedent developed mesothelioma and subsequently died as a result of his exposure to asbestos insulation while serving aboard naval warships constructed by defendants. The district court granted summary judgment for defendants. Affirming, this court held that the warships in question were not products under maritime law for purposes of maintaining an action in strict liability. In making its decision, the court noted that the U.S. Supreme Court had cited both the Restatement Second of Torts and the Restatement Third of Torts: Liability for Physical and Emotional Harm in evaluating maritime products-liability actions. McIndoe v. Huntington Ingalls Inc., 817 F.3d 1170, 1173. C.A.10, 2016. Cit. generally in case cit. in sup. In an action filed by owner of a recreational boat to limit its liability under a maritime statute after the boat sank due to high winds, killing four boaters who had rented the boat for the day, this court vacated in part the district court's judgment that owner was not entitled to limitation or exoneration under the statute because owner's negligence caused the accident, and remanded for further proceedings. In making its decision, the court noted that maritime courts had regularly looked to the Restatement Third of Torts: Products Liability for guidance in determining questions of negligence. In re Aramark Sports and Entertainment Services, LLC, 831 F.3d 1264, 1279. E.D.Pa.2016. Cit. generally but not fol. Employee who severed the fingertips of his thumb and middle finger while using a table saw sued manufacturer of the saw, alleging that the saw was defective because it was not equipped with a properly functioning rip fence to prevent access to the blade. This court granted defendant's motion for partial summary judgment on plaintiff's claim for a design defect under the consumer-expectations test. In making its decision, the court noted that, under Pennsylvania law, strict-products-liability claims were governed by Restatement Second of Torts § 402A, rather than the Restatement Third of Torts: Products Liability. Wright v. Ryobi Technologies, Inc., 175 F.Supp.3d 439, 449. M.D.Pa.2015. Cit. generally but not fol., cit. generally in case cit. and quot. in ftn. School bus driver brought a strict-products-liability claim, inter alia, against, among others, manufacturer of handheld device used to conduct vehicle inspections, alleging, inter alia, that defendant's defective design of the A L I wFor earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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