KUPETZ v. DEERE & CO., INC.


435 Pa.Super. 16 (1994)

644 A.2d 1213

Carol S. KUPETZ, Individually and as Administratrix of the Estate of Joseph J. Kupetz, Deceased, Appellant, v. DEERE & COMPANY, INC. and Troyer Construction Equipment Company, Inc., Appellees.

Superior Court of Pennsylvania.

Filed May 23, 1994.

Reargument Denied August 1, 1994.

Petition for Allowance of Appeal Denied December 15, 1994.


Attorney(s) appearing for the Case

Gary Eiben, Erie, for appellant.

Theresa Homisak, Pittsburgh, for appellee Deere & Co.

Sue Beck, Erie, for appellee Troyer Const.

Before CAVANAUGH, TAMILIA and KELLY, JJ.


KELLY, Judge:

In this opinion, we are called upon to determine whether the "crashworthiness" or "second collision" doctrine is recognized as a valid theory of recovery under Pennsylvania law in a products liability action. We are also called upon to determine whether assumption of risk maintains its viability as a complete defense in an action brought pursuant to the "crashworthiness" or "second collision" doctrine...

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