BROWN v. R. D. WERNER CO.

No. 7531.

428 F.2d 375 (1970)

Oscar H. BROWN, Plaintiff, Appellant, v. R. D. WERNER CO., Inc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 16, 1970.


Attorney(s) appearing for the Case

Paul R. Cox, Dover, N.H., with whom John T. Barrett, III, and Burns, Bryant & Hinchey, Dover, N.H., were on the brief, for appellant.

John R. Falby, Jr., Manchester, N.H., with whom Dort S. Bigg and Wiggin, Nourie, Sundeen, Pingree & Bigg, Manchester, N.H., were on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


PER CURIAM.

This is a products liability suit brought against the manufacturer of a ladder from which plaintiff fell, sustaining serious injuries. The action is based on two theories: strict liability and negligent design, manufacture, testing and inspection of the ladder. Plaintiff appeals from the granting of summary judgment for the defendant.

The sole issue in this case is whether the plaintiff is collaterally estopped to raise the issues presented in...

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