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GORDNER v. DYNETICS CORP.

September 20, 1994

RUTH J. GORDNER, Plaintiff
v.
DYNETICS CORPORATION, Defendant v. McMASTER-CARR SUPPLY COMPANY and B & G MANUFACTURING CO., Third-Party Defendants



The opinion of the court was delivered by: JAMES F. MCCLURE, JR.

 September 20, 1994

 BACKGROUND:

 On July 22, 1993, plaintiff Ruth J. Gordner initiated this action by filing a complaint against defendant Dynetics Corporation alleging that she suffered injuries caused by the breaking of a part on a machine made by Dynetics. Dynetics on September 28, 1993, filed a third-party complaint against McMaster-Carr Supply Co. and B & G Mfg. Co., as makers of the component part alleged to have failed.

 Before the court are motions for summary judgment filed by all defendants, based upon plaintiff's failure to produce the allegedly defective product.

 DISCUSSION:

 I. SUMMARY JUDGMENT STANDARD OF REVIEW

 Summary judgment is appropriate if the "pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c) (emphasis added).

 
. . . The plain language of Rule 56(c) mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. In such a situation, there can be 'no genuine issue as to any material fact,' since a complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial. The moving party is 'entitled to judgment as a matter of law' because the nonmoving party has failed to make a sufficient showing on an essential element of her case with respect to which she has the burden of proof.

 Celotex v. Catrett, 477 U.S. 317, 323-324, 91 L. Ed. 2d 265, 106 S. Ct. 2548 (1986).

 The moving party bears the initial responsibility of stating the basis for its motions and identifying those portions of the record which demonstrate the absence of a genuine issue of material fact. He or she can discharge that burden by "showing . . . that there is an absence of evidence to support the nonmoving party's case." Celotex, supra, 477 U.S. at 323, 325.

 Issues of fact are genuine "only if a reasonable jury, considering the evidence presented, could find for the non-moving party." Childers v. Joseph, 842 F.2d 689, 694 (3d Cir. 1988) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986)). Material facts are those which will affect the outcome of the trial under governing law. Anderson, supra, 477 U.S. at 248. In determining whether an issue of material fact exists, the court must consider all evidence in the light most favorable to the non-moving party. White v. Westinghouse Electric Company, 862 F.2d 56, 59 (3d Cir. 1988).

 II. STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE DISPUTE

 1. This action was filed by plaintiff against original defendant Dynetics in this court on or about July 22, 1993.

 2. Plaintiff seeks recompense, through this action, for damages she claims to have suffered as a result of an incident that occurred on July 23, 1991.

 4. Plaintiff bases her claim against Dynetics on product liability theories of recovery.

 5. Dynetics filed a third-party complaint naming B & G Mfg. Co. and McMaster-Carr Supply Co. as additional defendants on September 28, 1993, seeking contribution and/or indemnity.

 6. Dynetics' third-party complaint against B & G and McMaster-Carr asserts product liability theories of recovery as the basis for its ...


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