ECK v. POWERMATIC HOUDAILLE


364 Pa.Super. 178 (1987)

527 A.2d 1012

Barry ECK, Appellant, v. POWERMATIC HOUDAILLE, DIVISION OF HOUDAILLE INDUSTRIES, INC., a corporation, and Hermance Machine Company, a corporation, Appellees. Barry ECK v. POWERMATIC HOUDAILLE, DIVISION OF HOUDAILLE INDUSTRIES, INC., a corporation, and Hermance Machine Company, a corporation. Appeal of POWERMATIC HOUDAILLE, DIVISION OF HOUDAILLE INDUSTRIES, INC., a corporation. Barry ECK v. POWERMATIC HOUDAILLE, DIVISION OF HOUDAILLE INDUSTRIES, INC., a corporation, and Hermance Machine Company, a corporation. Appeal of HERMANCE MACHINE COMPANY, a corporation.

Supreme Court of Pennsylvania.

Filed June 1, 1987.


Attorney(s) appearing for the Case

Louis C. Long, Pittsburgh, for Eck, appellant (at 441) and appellee (at 473 and 474).

Richard A. Gray, Williamsport, for Powermatic, appellant (at 473) and appellee (at 441 and 474).

John P. Pietrovito, Williamsport, for Hermance, appellant (at 474) and appellee (at 441 and 473).

Before WIEAND, OLSZEWSKI and TAMILIA, JJ.


WIEAND, Judge:

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...

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