[Download] "Frankel v. Lull Engineering Co." by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Frankel v. Lull Engineering Co.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 11, 1973
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Opinion OF THE COURT This is a wrongful death action on behalf of the widow and minor children of Anthony Recchia, combined with a survival action on behalf of his estate, under Pennsylvania law. Recchia was killed while operating a high-lift loader on an outdoor apartment building construction site on July 24, 1965, when the loader overturned while he allegedly was backing away from the partially-constructed building. The loader was manufactured by co-defendant, Lull Engineering Company, Inc. It was sold by Lull to co-defendant, The Ransome Corporation. Ransome, in turn, sold it to the third-party defendant, the decedent's employer, on a lease-purchase arrangement. The case was brought and tried under both theories of strict liability pursuant to Section 402A of the Restatement of Torts Second and negligence.