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Rogers v. Johnson & Johnson Products, Inc.

Citations

  • 565 A.2d 751
  • 523 Pa. 176
  • 1989 Pa. LEXIS 381

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • The Superior Court decided the Rogers decision cited earlier on remand from the Supreme Court decision cited here.
  • “[S]o long as the plaintiffs presented a casein-chief free of secondary causes which justified the inference of a defect in the product, the jury was free to accept their scenario.”
  • use of the malfunction theory to prove a defect does not relieve the supplier from liability simply because another concurring cause is also responsible for producing injury
  • “a plaintiff [may] prove a defect in a product with evidence of the occurrence of a malfunction and with evidence eliminating abnormal use or reasonable, secondary causes for the malfunction.”
  • “[W]e believe that so long as the plaintiffs presented a case-in-chief free of secondary causes which justified the inference of a defect in the product, the jury was free to accept their scenario.”
  • malfunction theory of products liability permits a plaintiff to prove a defect in a product with evidence of the occurrence of a malfunction and with evidence eliminating abnormal use or reasonable, secondary causes for the malfunction

Source: CourtListener parenthetical corpus (CC0).

Judges: Nix, Larsen, Flaherty, Zappala, Papadakos, Stout, McDermott

Read full opinion on CourtListener

Other cases named Rogers v. Johnson & Johnson Products, Inc.

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.