This Section requires each student to find and read the case of Thomas v$.$ Staples, Inc., $2$ F$.$ Supp. $3$d $647($E$.$D$.$ Pa$.2014)$ and respond correctly to the following questions. Maximum points for this Section equal twenty $(20)$ points.

$1.$ On a motion for $$summary judgment,$$ the Court$$s function is to decide whether there is a genuine issue that requires a trial and a factual determination to be made by a jury $($or a judge$).$ In the Thomas case, the Court addressed the general standard to be used in issuing a summary judgment to a moving party. According to the District Court, when is it appropriate to grant summary judgment to a movant? $(5$ Points$)$

$2.$ Section $402$A of the Restatement of Torts $(2$nd Ed$.)$ and Sections $1$ & $2$ of the Restatement of Torts $(3$d Ed$.)$ set forth the general legal principles used to impose strict liability for product defects in the United States, with most jurisdictions having adopted them as reflective of their state$$s law, as the Court in Thomas did. Pursuant to the Restatements, products that are $$unreasonably dangerous$$ may be defective in their manufacture, design or marketing. What did the Plaintiff allege about the Defendant$$s shredder that rendered it $$defective$$ in this case? $(5$ Points$)$

$3.$ Did the Plaintiff provide the Court with sufficient proof of a product defect in this case to warrant a trial on her strict$-$liability$-$in$-$tort claims? Explain the type$($s$)$ of defect that Plaintiff sufficiently demonstrated in this case and what the Court required for each type of product defect alleged. $(10$ Points$)$