Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Ettinger v. Triangle-Pacific Corporation

In a case involving injury during assembly of an oven, an unassembled oven was not a product under Section 402A for strict liability purposes, thus the trial court's grant of summary judgment in favor of the manufacturer is affirmed on appellants' strict liability claim.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

�1 This personal injury action arises out of an injury suffered in a fall by Appellant Boyd E. Ettinger (“Ettinger”) while he was working as an electrician at a manufacturing plant that was under reconstruction. Ettinger and his wife, Esther E. Ettinger, appeal the judgment *fn1 in favor of Appellee Production Systems Incorporated (“PSI”) *fn2 and present a question of first impression to this Court. We are asked to determine, inter alia, whether an item that is being assembled by its producer is a “product” and whether one of its assemblers is a “user” under Section 402A of the Restatement (Second) of Torts. Specifically, we are asked to determine whether the trial court properly granted partial summary judgment to PSI based on its holding that the partially-assembled commercial furniture finishing oven in which Ettinger was installing wiring did not constitute a product and that Ettinger as one of its assemblers was not a user under Section 402A. For the reasons that follow, we affirm on this and the other issues presented by Appellants.

�2 Ettinger was injured during the rebuilding of a kitchen cabinet manufacturing plant owned by Triangle Pacific Corporation (“Triangle-Pacific”) in Thompsontown, Pennsylvania that had been destroyed in a fire. As part of the reconstruction, Triangle-Pacific contracted with PSI for the purchase of a furniture finishing system consisting of paint spraying equipment and a two-story enclosed oven with a conveyor system designed to dry wood cabinetry after it had been coated with finish. The system was to be manufactured by PSI and shipped to the Triangle-Pacific plant in sections where the steel structure would be assembled by PSI’s subcontractor, Reliable Welding.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Legal Research Attorney (Criminal)

The Superior Court of California, County of Alameda is accepting applications for the position of Legal Research Attorney. Under general dir...


Apply Now ›
Attorney - Medical Malpractice

ROSENBERG JACOBS HELLER & FLEMING, PC of Morris Plains, NJ is seeking a full-time Attorney who has at least 5 years experience, includin...


Apply Now ›
(NEW) REAL ESTATE ASSOCIATES FOR LAW FIRM KNOWN AS BEST PLACE TO WORK; TOP PAY SCALE (Chicago, IL or other US office)

Our client, a well-regarded national law firm widely recognized as one of the top places to work, has engaged us to find multiple real estat...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements