FOLEY v. CLARK EQUIPMENT CO.


361 Pa.Super. 599 (1987)

523 A.2d 379

William J. FOLEY v. CLARK EQUIPMENT COMPANY and Industrial Lift Truck Company and Truckmen, Inc. (Two Cases) Appeal of INDUSTRIAL LIFT TRUCK COMPANY. Appeal of CLARK EQUIPMENT COMPANY.

Supreme Court of Pennsylvania.

Filed March 25, 1987.


Attorney(s) appearing for the Case

Harry A. Short, Jr., Philadelphia, for appellants.

Lawrence A. Katz, Philadelphia, for appellee Indus. Lift Truck Co.

Thomas E. Zenoitis, Philadelphia, for appellee Clark Equipment Co.

Before CIRILLO, President Judge, and WIEAND and OLSZEWSKI, JJ.


WIEAND, Judge:

In this appeal we are called upon to examine the role of negligence concepts in tort cases where strict liability has been asserted because of a product which, allegedly, was defectively designed. Specifically at issue are jury instructions in which the trial court emphasized the importance of purging negligence concepts from the determination of design defectiveness in an action brought under the theory of strict products liability. The trial court...

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