Monday, August 27, 2012

Pennsylvania Federal Courts Continue to Struggle With Proper Standard for Products Liability Cases

In a recent decision in the case of Sanson v. Crown Equipments Corp., Civil Action No. 2:10-CV-0958 (W.D. Pa. July 24, 2012 Hornak, J.), Judge Mark R. Hornak of the United States District Court for the Western District of Pennsylvania tackled the uncertain status of Pennsylvania products liability law and the applicable standard of review.  
 
More specifically, there is a dispute in the Pennsylvania federal courts as to whether or not the Second or Third Restatement of Torts should apply to Pennsylvania products liability cases in Pennsylvania federal courts.  
 
Judge Hornak held that the Third Restatement applied but denied the Defendant’s Motion for Summary Judgment under both a Second and Third Restatement analysis.   In his Opinion, the judge called the term current status of Pennsylvania liability law as “a maze of uncertainty, providing little guidance to manufacturers….”  

 

Anyone wishing to view the Opinion in Sansom may click this link:

https://docs.google.com/open?id=0B83Pxa3TYcXMWjczYzRFQzc5ejg


I send thanks to Attorney Kenneth T. Newman of the law firm of Thomas, Thomas & Hafer for bringing this Opinion to my attention.

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