Malen v. MTD Prod., Inc., 08-3855

Product liability suit against manufacturer and seller of lawn mower

Malen v. MTD Prod., Inc., 08-3855, concerned plaintiffs' suit against a manufacturer and seller of a reconditioned riding lawn mower, claiming that the injury to his foot on the rotating blade was caused by the defective design and construction of the mower.

In reversing the district court's grant of summary judgment in favor of the defendants in concluding that the undisputed evidence established that plaintiff's own actions were the sole proximate cause of his injury, the court remanded the matter as a reasonable jury could find that the lawn mower was defective.  The court also held that a trier of fact reasonably could find that the defective condition of the mower was the proximate cause of plaintiff's injury.

Related Link:

• Read the Seventh Circuit's Full Decision in Malen v. MTD Prod., Inc., 08-3855