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KOLESAR v. NAVISTAR INTERN. TRANSP. CORP.

Civ. No. 90-2155.

815 F.Supp. 818 (1992)

Helen KOLESAR, Individually and as Administratrix of the Estate of John M. Kolesar, deceased, Plaintiff, v. NAVISTAR INTERNATIONAL TRANSPORTATION CORP., formerly known as International Harvester Company, Defendant.

United States District Court, M.D. Pennsylvania.

August 31, 1992.

Attorney(s) appearing for the Case

Laurence M. Kelly, Montrose, PA, for plaintiff.

Edward A. Gray, George J. Lavin, Jr. Associates, Philadelphia, PA, C.G. Norwood, Jr., New Orleans, LA, Robert J. Hafner, Lavin, Coleman, Finarelli & Gray, Philadelphia, PA, for defendant.

MEMORANDUM AND ORDER

KOSIK, District Judge.

This matter is before the court on the plaintiff's motion for a new trial.

This action was commenced by the plaintiff individually and as administratrix of her husband's estate. The action seeks damages for strict liability under Section 402A of the Restatement (Second) of Torts on a theory of "crashworthiness."1

The pertinent history is that the decedent was operating...

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