United States Third Circuit

In a products liability suit brought by factory workers who suffered hand injuries after years of using defendant's swager, a machine used to form metal, a judgment for plaintiffs is reversed in part and remanded for a new trial as it was error to exclude defendant's evidence of misuse and inadequate maintenance, the error was not harmless, and the court also improperly excluded evidence of a lack of prior claims against defendant for vibration-related hand injuries.

Appellate Information

• Decided 01/09/2007
• Published 01/09/2007

Judges

• Before FUENTES, CHAGARES, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Lauren R. Goldman (Argued), Andrew L. Frey, Evan A. Creutz, Mayer, Brown, Rowe & Mawe, LLP, New York, NY, for Appellant.


• For Appellees:
  
• Rosemary Pinto (Argued), Christopher D. Warren, Feldman & Pinto PC, Philadelphia, PA, for Appellees.