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ELMER BAKER AND ROSEMARIE J. BAKER v. MAGNETIC ANALYSIS CORPORATION AND CYCLOPS CORPORATION (11/08/85)

filed: November 8, 1985.

ELMER BAKER AND ROSEMARIE J. BAKER, HUSBAND AND WIFE
v.
MAGNETIC ANALYSIS CORPORATION AND CYCLOPS CORPORATION, SAWHILL TUBULAR DIVISION. APPEAL OF MAGNETIC ANALYSIS CORPORATION



Appeal from the Order of the Court of Common Pleas, Civil Division, of Mercer County, 1983, No. 958.

COUNSEL

Cyril T. Garvey, Sharon, for appellant.

David Hickton, Pittsburgh, for Cyclops, appellee.

Spaeth, President Judge, and Rowley and Wieand, JJ.

Author: Rowley

[ 347 Pa. Super. Page 189]

Opinion OF THE COURT

This is an appeal from an Order entered on July 19, 1984, (1) denying Magnetic Analysis Corporation's (appellant) request to join Cyclops Corporation, Sawhill Tubular Division (appellee) as a necessary party plaintiff and (2) sustaining Cyclops' preliminary objection in the nature of a demurrer to Magnetic's Complaint to Join Cyclops as an Additional Defendant.

On January 14, 1984, plaintiffs Elmer and Rosemarie J. Baker filed a Complaint in Trespass against Magnetic in which they alleged, inter alia, that Mr. Baker was injured

[ 347 Pa. Super. Page 190]

    while operating machinery owned by Magnetic and leased to Mr. Baker's employer, Cyclops. The plaintiffs alleged that Magnetic was liable to them on theories of negligence and strict liability under Restatement (Second) of Torts, ยง 402(A). Specifically, plaintiffs alleged that Mr. Baker's injuries were caused by:

(a) The defectively designed machinery of [Magnetic];

(b) The defectively manufactured machinery of [Magnetic];

(c) [Magnetic's] negligent and careless maintenance of ...


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