Sunday, March 10, 2013

Split of Authority in Products Liability Standard Continues

Confusion continues to reign in Pennsylvania products liability law from conflicting decisions from Pennsylvania federal courts regarding whether the Restatement (Second) or (Third) of Torts should be applied:


Eastern District Federal Court
Kordek v. Becton, Dickinson & Co.,  2013 WL 420332 (E.D. 2013)(Judge Mary A. McLaughlin applies Restatement (Third) of Torts as supported by Third Circuit Court of Appeals' decisions predicting that Pennsylvania Supreme Court will adopt Restatement (Third)).

The Eastern District decision in Kordek v. Becton, Dickinson & Co. may be viewed HERE.



Western District Federal Court

Gilmore v. Ford Motor Co., No. 2-12-CV-00547 (W.D.Pa. 2013)(Judge Arthur J. Schwab applies Restatement (Second) of Torts in products case given that Third Circuit's predictions have not come to pass).

Source:  Article by Saranac Hale-Spencer, "Judge Adds to Restatement Rift Among Federal Courts in State."  The Legal Intelligencer (March 8, 2013).

Anyone wishing to review the Western Federal District decision of Gilmore v. Ford Motor Co. may click this LINK

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