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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/resttpl4296 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Pa.Super.2015. Cit. in case quot. in sup. §§ 1 et seq. Boilermaker brought a strict-liability action against supplier, alleging that his exposure to defendant's asbestos-containing materials caused him to develop malignant mesothelioma. The trial court entered judgment for plaintiff. Estate of sheet-metal worker then brought a strict-liability action against defendant, also alleging that defendant's materials caused malignant mesothelioma; the trial court in that case also entered judgment on a jury verdict for plaintiff. After the appeals were consolidated, this court affirmed both judgments, holding that plaintiffs established that defendant's material was defective based on a failure to warn. The court rejected defendant's argument that the jury instructions should have been framed based on Restatement Third of Torts: Products Liability §§ 1 et seq., which introduced factfinder inquiry into the reasonableness of defendant's conduct, rather than Restatement Second of Torts § 402A, explaining that the Pennsylvania Supreme Court had declined to adopt the Restatement Third of Torts: Products Liability. Amato v. Bell & Gossett, 116 A.3d 607, 618. Generally D.N.M.2014. Cit. generally in ftn., cit. generally in case cit. in ftn. In a case in which cancer-treatment facility filed, inter alia, a claim for tortious interference with existing and prospective economic advantage against owner of hospitals and insurance companies, this court denied in part defendant's motion for summary judgment, holding that plaintiff alleged sufficient facts to support that claim. In making its decision, the court relied on Restatement Second of Torts but acknowledged that the New Mexico Supreme Court had previously looked to the Restatement Third of Torts: Products Liability for guidance when dealing with products-liability matters. New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian Healthcare Services, 54 F.Supp.3d 1189, 1227. N.Y.Sup.Ct.App.Div.2015. Cit. generally in disc. Individual brought a products-liability action under a theory of design defect against manufacturer of valves that contained asbestos, alleging that he developed peritoneal mesothelioma as a result of his exposure to defendant's valves in the course of dismantling and salvaging scrap metal from steam systems in vacant buildings. The trial court denied defendant's motion for summary judgment. Reversing and dismissing the complaint, this court held that plaintiff's salvage work was not a reasonably foreseeable use of defendant's valves, as required to state a claim for defective design under Restatement Second of Torts § 402A. The court noted that, while § 402A had been superseded by Restatement Third of Torts: Products Liability, it had since been relied on by the New York Court of Appeals, and had been cited by courts of other jurisdictions in determining whether salvaging and demolishing a product were foreseeable uses of the product. Hockler v. William Powell Co., 11 N.Y.S.3d 45, 46. CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE wA m For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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