(Download) "Barry Eck v. Powermatic Houdaille" by Superior Court of Pennsylvania # Book PDF Kindle ePub Free

July 15, 2021

eBook details

Title: Barry Eck v. Powermatic Houdaille
Author : Superior Court of Pennsylvania
Release Date : January 01, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 71 KB

Description

In the instant appeal, we are asked to determine the role of "foreseeability" in a "substantial change" defense asserted in a product liability action. The trial court charged the jury that any substantial change made to a product by a user or consumer would relieve the manufacturer and distributor of the product from liability for injuries caused thereby. Plaintiff-appellant argues that the jury should have been instructed that the manufacturer and distributor would be absolved of liability only for subsequent product modifications which were unforeseeable. We agree. Because we conclude that this erroneous instruction may have affected the verdict which the jury returned in favor of the manufacturer and distributor, we reverse and remand for a new trial.