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: Drug and Device LawPennsylvania Product Liabilty Developments
By James M. Beck and Mark Herrmann
Yesterday, the Pennsylvania Supreme Court entered an order, accepting allocatur (that's Pennsylvanian for "appeal") to answer the following question:
"Whether this Court should apply §2 of the Restatement (Third) of Torts in place of §402A of the Restatement (Second) of Torts."
Thirty years ago Pennsylvania rigidly separated strict liability and negligence in Azzarello v. Black Brothers. Now the court will reconsider that decision.
The case, for those interested: Bugosh v. I.U. North America, Inc., No. 350 WAL 2007 (this number will now change to a "WAP" number) (Pa. Feb. 27, 2008).
Full post as published by Drug and Device Law on February 28, 2008 (boomark / email).
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