PHILLIPS v. CRICKET LIGHTERS


883 A.2d 439 (2005)

Gwendolyn PHILLIPS, Administratrix of the Estate of Robyn Jorjean Williams, Deceased; Gwendolyn Phillips, Administratrix of the Estate of Jerome I. Campbell, Deceased; Gwendolyn Phillips, Administratrix of the Estate of Alphonso Crawford, Deceased; Neil Curtis Williams, A Minor by his Guardian and Next Friend, Gwendolyn Phillips, v. CRICKET LIGHTERS, Swedish Match, S.A.; Pinkerton Tobacco Company; Pinkerton Group, Inc.; Pinkerton Group, Inc., t/a and d/b/a Cricket USA; Cricket S.A.; Poppell, B.V.; Wilkinson Sword/Cricket, Inc.; Wilkinson Sword, Inc.; NDC Corporation and National Development Corporation t/a Shenango Park Associates; NDC Asset Management, Inc.; Regional Sales, Inc.; Universal Match Company a/k/a Universal Match Corporation; Swedish Match, A.B.; Cricket B.V; Inter-Match, S.A., Feudor, S.A.; Schick Netherland, B.V.; Warner-Lambert Holland, B.V. Appeal of Swedish Match, S.A.; Pinkerton Tobacco Company; Pinkerton Group, Inc., Pinkerton Group, Inc. t/a and d/b/a Cricket USA; Cricket, S.A.; Poppell, B.V.; Wilkinson Sword/Cricket, Inc.; Wilkinson Sword, Inc; Universal Match Company a/k/a Universal Match Corporation; Swedish Match, A.B.; Cricket, B.V.; Inter-Match, S.A.; and Feudor, S.A.

Supreme Court of Pennsylvania.

Decided September 28, 2005.


Attorney(s) appearing for the Case

Louis C. Long, Pittsburgh, for Swedish Match, et al.

Brian Thornton Must, for Zippo Manufacturing Company.

Richard A. Kraemer, Philadelphia, for Bic.

Edward Michael Koch, Philadelphia, for Pennsylvania Defense Institute.

Henry E. Sewinsky, Sharon, John M. Humphrey, for Gwendolyn Phillips, et al.

James Michael Beck, Philadelphia, for Product Liability Advisory Council, Inc.

Paul A. Lauricella, for Pennsylvania Trial Lawyers Association.

Before: CAPPY, C.J., NIGRO, NEWMAN, SAYLOR, EAKIN, BAER, JJ,


OPINION

Chief Justice CAPPY.

This is an appeal by allowance. We are asked to resolve whether the Superior Court properly reversed the trial court's entry of summary judgment, thus allowing the breach of warranty and punitive damages claims to proceed in this matter. For the reasons that follow, we now reverse.

On the night of November 30, 1993, two year old Jerome Campbell ("Jerome") retrieved a Cricket disposable butane cigarette lighter...

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