Wednesday, November 4, 2015

Notable Post-Tincher Products Decision Out of Clarion County

In a recent Post-Tincher products liability decision out of the Clarion County Court of Common Pleas in the case of Sliker v. National Feeding Systems, et al., No. 282 CD 2010 (C.P. Clarion Co. Oct. 19, 2015 Arner, P.J.), the court addressed several issues of note in great detail.

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.

Anyone wishing to review this decision may click this LINK

 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.

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