CSST trial court opinion affirming the verdict in the Tincher, case with a current appellate court docket attached. Key issue was whether the trial court should have applied the Restatement (Third) of Torts, which requires some showing of fault/foreseeability, as opposed to the Restatement (Second) 402A, which does not. Jury found no negligence by Omegaflex and earlier this year, the Curt of Appeals for the Third Circuit predicted that the Pennsylvania Supreme Court would now apply the Restatement (Third).
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Insurance Updates, Products Liability Updates
State, 3rd Circuit, Pennsylvania |
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