Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MARVIN G. SWEITZER v. DEMPSTER SYSTEMS (03/31/88)

filed: March 31, 1988.

MARVIN G. SWEITZER, APPELLANT,
v.
DEMPSTER SYSTEMS, A DIVISION OF CARRIER CORPORATION AND BECKER EQUIPMENT COMPANY AND PARKER INDUSTRIES, INC., APPELLEES



Appeal from the Judgment entered July 13, 1987 in the Court of Common Pleas of York County, Civil Division, at No. 82-S-2301.

COUNSEL

Bishop N. Kauffman, York, for appellant.

Robert J. Brown, York, for Dempster, appellees.

Olszewski, Del Sole and Johnson, JJ.

Author: Del Sole

[ 372 Pa. Super. Page 451]

On July 17, 1980, Appellant-Marvin G. Sweitzer was employed by John G. Neiderer & Sons, a trash removal corporation. Sweitzer's responsibilities included the collection of waste from dumpster containers after they were automatically lifted into the back of a garbage truck. On the date in question, Sweitzer's arm was severely injured when a container fell from the rear of the truck as it was being raised from the ground. Sweitzer proceeded to trial on a product liability theory alleging that the mechanism which lifted the trash containers was defectively designed.

Appellee-Dempster Systems was the manufacturer of the "Route King I", the emptying mechanism attached to Neiderer & Sons' garbage truck. The "Route King I" involved in the accident had been sold to Neiderer & Sons by Becker Equipment Company several years after it had been manufactured. The "Route King I" was originally manufactured with a safety device designed to prevent the garbage containers from slipping as they were emptied into the truck. Testimony at trial indicated that this safety device, known

[ 372 Pa. Super. Page 452]

    as a container lock, had been removed prior to its sale to Neiderer & Sons by Becker.

Prior to the case going to trial, Sweitzer's claim against Becker was settled. Yet, Becker remained in the suit as a defendant since it had participated in placing the "Route King I" in the stream of commerce. Following trial, the jury returned a verdict in Sweitzer's favor and against Becker for $85,000. The verdict also found in Dempster's favor and against Sweitzer. Post-trial motions were filed and later denied by the trial court. This timely appeal follows.

Sweitzer raises the following three issues on appeal:

1. Is Plaintiff, Marvin G. Sweitzer entitled to a new trial due to the refusal of the court to provide instruction or guidelines to the jury on the issue of foreseeability;

2. Is Plaintiff, Marvin G. Sweitzer entitled to a new trial on the strength of the fact that the jury's verdict is inconsistent with both the evidence presented and with the applicable law ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.