Shaw

MEMORANDUM *

Decedent Jason Shaw sustained serious injury when his hand was caught in a printing press he was operating for his employer, Bear River Publishers. He sued the press’s manufacturer, Dauphin Graphic Machines (“Dauphin”), in federal court, alleging negligence, strict liability, and breach of warranty. He sought damages for medical expenses, lost income, lost earning capacity, pain, suffering, emotional distress, and personal anguish. Dauphin then brought a third-party complaint against Standard Electric and Engineering Company (“SEECO”), which manufactured component parts for the press. After Jason Shaw’s death, the district court allowed his estate (hereinafter “Shaw”) to be substituted as plaintiff.

SEECO moved for summary judgment on both Dauphin and Shaw’s complaints, arguing that Jason Shaw’s claims had abated upon his death. The district court granted SEECO’s summary judgment motion as to Dauphin, but did not refer to *179 SEECO’s motion for summary judgment on Shaw’s complaint. Dauphin then successfully moved for dismissal of Shaw’s complaint. Shaw appeals from the summary judgment and dismissal orders. We reverse in part both orders.

We must first deal with a…