United States Tenth Circuit
BROWN v. SEARS, ROEBUCK & CO., 01-4226
Summary judgment in a strict-products-liability claim under Utah law is affirmed where an ordinary and prudent user of an allegedly defective lawnmower would have appreciated the danger arising from the operation of the mower blades while the tractor was moving in reverse.
Appellate Information
- Decided 05/14/2003
- Published 05/14/2003
Judges
- HARTZ, Circuit Judge., Before TACHA, Chief Judge, HARTZ, and O'BRIEN, Circuit Judges.
Court
- United States Tenth Circuit
Counsel
- For Appellant:
- Peter W. Summerill (James R. Hasenyager, with him on the briefs), Ogden, UT, for Plaintiff-Appellant.
- For Appellees:
- James M. Brogan of Piper Marbury Rudnick & Wolfe LLP, Philadelphia, PA (Nancy Shane Rappaport of Piper Marbury Rudnick & Wolfe LLP, Philadelphia, PA, and Tracy Fowler of Snell & Wilmer LLP, Salt Lake City, UT, with him on the brief), for Defendant-Appellee.