The court decided various motions in limine and, in part, allowed the admission of what used to be excludable “negligence” evidence in strict liability matters before Tincher.
The court provided a thorough analysis of contributory negligence issues and issues pertaining to industry standards as well.
Also, after reviewing Superior Court precedent on the issue, this court also limited the heeding presumption in products cases to workplace injury claims.
I send thanks to Attorney James Beck of the Philadelphia office of Reed Smith for bringing this decision to my attention. Check out Attorney Beck’s excellent Drug and Device Law Blog HERE