Richard D. Hoover v. Switlik Parachute Company, Co-Defendant-Appellant, Pioneer Systems, Inc., Co-Defendant-Appellee

This appeal involves a grant of summary judgment in a product liability case. Although the motion was made by one co-defendant against the plaintiff, its effect was to limit liability for manufacture of a potentially defective part to a second co-defendant. We must decide first, whether depositions taken prior to joinder of the second co-defendant could be used as affidavits in support of such a motion; and second, whether there were genuine issues of material fact raised in opposition to the motion.

Captain Richard D. Hoover was injured while using a parachute owned by the Air Force. That parachute consisted of numerous components, including a pack and harness assembly unit. Some of the pack and harness units were manufactured by Switlik Parachute Co., Inc. (Switlik), co-defendant-appellant, others by Pioneer Systems, Inc. (Pioneer), co-defendant-appellee. At the time plaintiff Hoover filed his original complaint, April 19, 1974, neither Pioneer nor Switlik were named as defendants. Later, Hoover joined Pioneer as a defendant, his theory being that Pioneer was the manufacturer of the pack and harness he had worn. Pretrial discovery, including depositions, followed. Due to…