Beard v. Johnson & Johnson, Inc.

Supreme Court of Pennsylvania

Beard v. Johnson & Johnson, Inc.

8 A.3d 1263, 607 Pa. 578, 2010 Pa. LEXIS 2697

DecidedNovember 24, 2010

StatusPublished

This text of 8 A.3d 1263 (Beard v. Johnson & Johnson, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beard v. Johnson & Johnson, Inc., 8 A.3d 1263, 607 Pa. 578, 2010 Pa. LEXIS 2697 (Pa. 2010).

Pincite

Opinion

ORDER

PER CURIAM.

AND NOW, this 24th day of November, 2010, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

a. To determine whether a product with more than one intended use had a design defect that rendered it defective as a matter of law, should a court undertake a risk-utility analysis relating only to the use that allegedly resulted in harm, or should it consider the risks and benefits of all intended uses?

b. On appeal from a trial court’s legal determination regarding whether a product suffered from a design defect that rendered it defective, is the appellate court bound by the trial court’s weight and credibility determinations, and may the appellate court only consider evidence that the trial court took into consideration in rendering its decision?

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ORDER

PER CURIAM.

AND NOW, this 24th day of November, 2010, the Petition for Allowance of Appeal is GRANTED. The issues, rephrased for clarity, are:

a. To determine whether a product with more than one intended use had a design defect that rendered it defective as a matter of law, should a court undertake a risk-utility analysis relating only to the use that allegedly resulted in harm, or should it consider the risks and benefits of all intended uses?

b. On appeal from a trial court’s legal determination regarding whether a product suffered from a design defect that rendered it defective, is the appellate court bound by the trial court’s weight and credibility determinations, and may the appellate court only consider evidence that the trial court took into consideration in rendering its decision?

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Bluebook (online)

8 A.3d 1263, 607 Pa. 578, 2010 Pa. LEXIS 2697, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beard-v-johnson-johnson-inc-pa-2010.