ROGERS v. JOHNSON & JOHNSON PRODUCTS


523 Pa. 176 (1989)

565 A.2d 751

Price L. ROGERS and Elaine Rogers, his wife, Appellants, v. JOHNSON & JOHNSON PRODUCTS, INCORPORATED, and Lankenau Hospital and Thomas Jefferson University Hospital, Appellees.

Supreme Court of Pennsylvania.

Decided October 20, 1989.


Attorney(s) appearing for the Case

James E. Beasley, Thomas R. Kline, William P. Murphy, Philadelphia, for appellant.

Alan K. Cotler, Philadelphia, for Johnson & Johnson Products, Inc.

Nancy L. Siegel, Philadelphia, for Lankenau Hosp.

E. Parry Warner, Philadelphia, for Thomas Jefferson Univ. Hosp.

Before NIX, C.J., and LARSEN, FLAHERTY, ZAPPALA, PAPADAKOS and STOUT, JJ.


OPINION

NIX, Chief Justice.*

The issue in this case is whether a plaintiff proceeding on the strict liability theory of product malfunction will be precluded from having a jury decide the case if the manufacturer of the product introduces evidence of the negligence of another party as the cause of the malfunction. Contrary to the Superior Court, we conclude not.

The facts are that on May 1, 1977, Price Rogers entered...

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