Following the U.S. Court of Appeals for the Third Circuit’s prediction that the state Supreme Court will adopt the Restatement (Third) of Torts, a federal judge has reconsidered an opinion he issued earlier this year, holding that there was clear error in his application of the case to the Third Restatement.
U.S. District Judge A. Richard Caputo of the Middle District of Pennsylvania granted summary judgment to Kenworth Truck Co. on negligent design defect and negligent failure to warn claims in a case brought by a truck driver who fell from a Kenworth cab and lost consciousness after the company asked him to reconsider.
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