Sullivan v. Werner Co., 253 A.3d 730; 2021 Pa. Super. LEXIS 210 (April 15, 2021) (Pellegrini, J.)  Michael Sullivan (Sullivan) and Melissa Sullivan, his wife, brought this strict products liability action after he fell through a scaffold made by Werner Company (Werner) and sold by Lowe’s Companies, Inc. (Lowe’s) (collectively, Manufacturer). A jury determined that […]

English v. Eisai, 2022 U.S. Dist. LEXIS 44977 (M.D. Pa. March 14, 2022) (Conner, U.S. D.J.).  This case involving a weight-loss product said that plaintiffs properly pled an alternative feasible safer design.  That means that the defendant’s motion to dismiss would be denied.  There were other claims here for warranty, fraudulent misrepresentation, concealment and the […]

Tincher v. Omega Flex, Inc., 2018 Pa. Super. LEXIS 117 (February 16, 2018) Lazarus, J.  Omega Flex, Inc. appeals from the judgment entered in favor of Terence D. and Judith R. Tincher following a jury trial and the denial of its post-trial motions.  Omega Flex contends that it is entitled to a new trial because […]

Smith v. Howmedica Osteonics Corp, et al., 17-1174 (E.D. Pa. April 27, 2017) Beetlestone, J. This Court predicts that the Pennsylvania Supreme Court would not bar strict liability claims asserting a manufacturing defect against medical device manufacturers under Comment k. of Restatement 402A and Tincher. Here, Plaintiffs have plausibly alleged a manufacturing defect strict liability […]

Claim was that Wyeth was negligent in placing unreasonably dangerous drug on the market which was ultimately withdrawn.  In Pennsylvania, products liability law is superseded as it applies to prescription drugs under Comment k of the Restatement 2nd of Torts 402A.  Due to the inherent risks associated with prescription drugs, the Supreme Court is limited […]

One of the widely asked questions in the wake of Tincher v. Omega Flex, Inc., ___ A.3d ____, 2014 WL 6474923 (Pa. Nov. 19, 2014) is whether a jury should still be told that a product must contain every element necessary to make it safe.  As a corollary to this, lawyers have asked whether a […]