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Malen v. MTD Products, Inc.

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ARGUED OCTOBER 27, 2009

Before EASTERBROOK, Chief Judge, and EVANS and WILLIAMS, Circuit Judges.

Donald Malen slipped while getting off his reconditioned riding lawn mower and injured his foot on the rotating blade. He and his wife sued the manufacturer and seller, claiming that the mower was defective in design and construction. The district court granted summary judgment for the defendants because undisputed evidence established that Malen’s own actions were the sole proximate cause of his injury. But viewing the record in the light most favorable to the plaintiffs and taking all inferences in their favor, we conclude that a jury could find that the mower was both defective and the proximate cause of Malen’s injury. Therefore, we reverse the district court’s grant of summary judgment in favor of the defendants and remand for further proceedings.

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