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HAVERSTOCK v. T.I. RALEIGH (USA)

384 Pa.Super. 106 (1989)

557 A.2d 1068

Robert HAVERSTOCK, a Minor, BY his Parents and Natural Guardians, Charles HAVERSTOCK and Beverly Haverstock, and Charles and Beverly Haverstock, in Their Own Right v. T.I. RALEIGH (USA), Richard Goglia, t/a Oxford Valley Bicycle Company, T.I. Raleigh, Ltd. and The Huffy Corporation, Appeal of T.I. RALEIGH (USA), T.I. Raleigh, Ltd. and the Huffy Corporation. Robert HAVERSTOCK, a Minor, by his Parents and Natural Guardians Charles HAVERSTOCK and Beverly Haverstock, and Charles and Beverly Haverstock, in Their Own Right v. T.I. RALEIGH (USA), Richard Goglia, t/a Oxford Valley Bicycle Company, T.I. Raleigh, Ltd. and The Huffy Corporation. Appeal of T.I. RALEIGH (USA), T.I. Raleigh, Ltd. and the Huffy Corporation.

Supreme Court of Pennsylvania.

Filed March 31, 1989.

Reargument Denied May 24, 1989.

Attorney(s) appearing for the Case

Kevin Connors, Philadelphia, for appellants in Nos. 1816 and 2041.

Judy Greenwood, Philadelphia, for Haverstock, appellees in Nos. 1816 and 2041.

Joseph Glantz, Levittown, for Goglia, appellee in Nos. 1816 and 2041.

Before CAVANAUGH, McEWEN and POPOVICH, JJ.

CAVANAUGH, Judge:

The primary issue in this case is whether the court below erred in charging the jury under Restatement of Torts (Second) § 400 which provides:

§ 400. Selling as Own Product Chattel Made by Another One who puts out as his own product a chattel manufactured by another is subject to the same liability as though he were the manufacturer. Comment...

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