United States Seventh Circuit
Malen v. MTD Prod., Inc., 08-3855
In plaintiffs' suit against a manufacturer and seller of a reconditioned riding lawn mower, claiming that the injury to his foot on the rotating blade was caused by the defective design and construction of the mower, district court's grant of summary judgment in favor of the defendants in concluding that the undisputed evidence established that plaintiff's own actions were the sole proximate cause of his injury, is reversed and remanded where: 1) a reasonable jury could find that the lawn mower was defective; and 2) a trier of fact reasonably could find that the defective condition of the mower was the proximate cause of plaintiff's injury.
Appellate Information
- Argued 10/27/2009
- Decided 11/19/2010
- Published 11/19/2010
Judges
Court
- United States Seventh Circuit