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Case Citations (March 2016 through June 2016) [i] (2016)

handle is hein.ali/resttpl4297 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Generally E.D.Pa.2015. Cit. generally in case cit. in ftn. Estate of deceased airplane mechanic brought a strict- liability claim against airplane manufacturer, alleging that mechanic died of mesothelioma as a result of exposure to asbestos contained in external insulation used with defendant's airplanes. This court granted summary judgment for defendant, holding that, under Pennsylvania law, a manufacturer was not strictly liable for aftermarket asbestos-containing component parts for its products that it neither manufactured nor supplied. The court applied Restatement Second of Torts § 402A, noting that the Pennsylvania Supreme Court had explicitly declined to adopt the approach set forth in Restatement Third of Torts: Products Liability, which introduced negligence concepts such as knowledge or foreseeability in determining whether a manufacturer was subject to strict liability. Schwartz v. Abex Corp., 106 F.Supp.3d 626, 643. W.D.Pa.2015. Cit. generally in case cit. in sup. In a products-liability case brought by a customer against tractor-supply store, after she was injured when a porch swing that she had been sitting on in a store display fell to the ground, this court granted defendant's motion to dismiss, holding that defendant was not the seller of the swing. In reaching its decision, the court relied on a Third Circuit decision that predicted that the Pennsylvania Supreme Court would follow the Restatement Third of Torts: Products Liability, and determined that, under § 20, defendant did not otherwise distribute the swing. Leonard v. Tractor Supply Co., 88 F.Supp.3d 459, 461. Fla.2015. Cit. generally in sup., cit. generally in ftn. In a products-liability action against asbestos manufacturer, this court reinstated the jury's verdict for worker who was exposed to products containing manufacturer's asbestos, holding that the court of appeals erred in applying the Restatement Third of Torts: Products Liability, which exclusively adopted the risk-utility test for a design-defect claim and imposed on plaintiffs the requirement of proving a reasonable alternative design, and reaffirmed Florida's adherence to the consumer-expectations test set forth in Restatement Second of Torts. The court noted that the Restatements were not a codification of law or necessarily the consensus on the best policy for courts regarding the proper legal standard for strict liability in products-liability cases, but that the Restatements had traditionally been influential on United States courts. Aubin v. Union Carbide Corp., 177 So.3d 489, 509. Md.2015. Cit. generally in law review article cit. in sup. In a products-liability action where widow brought claims against manufacturers of pumps that used asbestos-containing replacement parts, this court reversed and remanded the trial court's grant of defendants' motion for summary judgment, holding that defendants could be liable under strict-liability and negligent failure-to-warn theories, even though defendants did not manufacture the specific replacement parts at issue. In making its decision, the court cited a law review article that analyzed Restatement Third of Torts: Products Liability to note that failure-to-warn cases could proceed as strict-liability or negligence actions. May v. Air & Liquid Systems Corp., 446 Md. 1, 9, 129 A.3d 984, 988. AX LI For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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