Schmidt v. Boardman Co.

973 A.2d 411, 601 Pa. 381, 2009 Pa. LEXIS 1032

• Court: Supreme Court of Pennsylvania
• Decided: May 27, 2009
• Docket: Petition 579 WAL 2008
• Status: Published

Opinion

ORDER

PER CURIAM.

AND NOW, this 27th day of May 2009, the Petition for Allowance of Appeal is GRANTED to the issues set forth below. The issues, rephrased for clarity, are:

1. Whether a plaintiff must prove a physical injury in order to be entitled to recover under a strict product liability theory?

2. Whether the product-line exception to the general rule against successor liability should be part of Pennsylvania’s strict product liability jurisprudence?

3. If the product line exception is recognized as part of Pennsylvania’s strict product liability jurisprudence, whether the exception should be formulated to strictly require proof of the following before successor liability can be imposed: (1) the successor corporation purchased all or substantially all of the assets of the manufacturer of the product at issue; (2) the successor undertook essentially the same manufacturing operation as the manufacturer of the product alleged to have caused the plaintiffs injuries and then continued to manufacture the same product line; and (3) the transaction between the successor and the manufacturer of the product at issue caused the destruction of the plaintiffs remedies against the manufacturer?

In briefing Issue 2, the parties are directed to address whether the issue has been waived pursuant to Pa.R.A.P. 302(a). The Prothonotary is directed to list this matter for oral argument.