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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/resttpl4310 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations TORTS 3D: PRODUCTS LIABILITY Generally E.D.N.Y.2022. Cit. generally in ftn. Passenger who broke his ankle falling down a flight of stairs with uneven steps on a ferry sued ferry operator, alleging negligent failure to maintain and inspect the stairs and negligent design and construction of the ferry's stairwell. This court granted in part operator's motion for summary judgment, holding that passenger failed to state a claim for negligent design and manufacture under Restatement Second of Torts § 402A, because it was undisputed that a non-party constructed and designed the ferry, and passenger presented no evidence that operator manufactured or sold the ferry. The court noted that, although federal courts had yet to adopt the Restatement Third of Torts: Products Liability as the standard in maritime cases, passenger's claim failed under the Third Restatement because there was no evidence that operator was engaged in the business of selling or distributing the type of product that harmed passenger. Nasser v. Port Imperial Ferry Corp., 578 F.Supp.3d 354, 362. Pa.Cmwlth.2021. Cit. generally but not fol., cit. generally in ftn. Commonwealth, acting by and through various governmental agencies, sued manufacturer of polychlorinated biphenyls (PCBs) and its successors, alleging that defendants knew that PCBs were dangerous contaminants but failed to warn and actively deceived regulators and the public concerning their hazards. This court overruled defendants' preliminary objections to plaintiffs' design-defect claim, holding that plaintiffs adequately alleged, among other things, that defendants PCB products were defective when they left defendants' hands, and that the defects harmed the public and plaintiffs' natural resources. The court rejected defendants' argument that plaintiffs failed to establish the existence of a safer alternative design, as required under the Restatement Third of Torts: Products Liability, noting that Pennsylvania had not adopted the Restatement Third. Commonwealth v. Monsanto Co., 269 A.3d 623, 648, 656, 659. CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products C.A.8, 2022. Adopted in case cit. in sup. In multidistrict litigation, patient who was implanted with a hip-replacement device that failed and had to be replaced sued manufacturer of the device, alleging COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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