Lewis Barbe Expert Witness: Wagner Mining Equipment Company Court Case

667 F.2d 402 Patricia A. HOLLINGER, Administratrix of the Estate of Germaine S. Hollinger, Deceased, Appellant, vs. WAGNER MINING EQUIPMENT COMPANY, A Division of Paccar, Inc. No. 81-1359. United States Court of Appeals, Third Circuit. Argued Sept. 21, 1981. Decided Dec. 22, 1981. Rehearing Denied Jan. 15, 1982. Paul J. Senesky (argued), Galfand, Berger, Senesky, Lurie & March, Philadelphia, Pa., for appellant. David L. Grove (argued), Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for appellee; David N. Hofstein, Philadelphia, Pa., of counsel. Before ALDISERT, HIGGINBOTHAM and SLOVITER, Circuit Judges. OPINION OF THE COURT SLOVITER, Circuit Judge. I. ISSUE 1 This is an appeal from the grant of summary judgment in favor of the defendant, Wagner Mining Equipment Co. (Wagner). In this diversity action plaintiff seeks damages for the death of her decedent,Germaine S. Hollinger (Hollinger), who was killed on May 27, 1977 at an underground mine operated by Bethlehem Mines Corp. (Bethlehem) in Morgantown, Pennsylvania, after being struck by a scooptram' operated by another Bethlehem employee, Irvin Hartz. The scooptram was manufactured by Wagner in1969 and was put into operation in November of that year by Bethlehem.