Supreme Court of Pennsylvania· 10/20/1989
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
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