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REOTT v. ASIA TREND, INC.

Nos. 27 WAP 2011, 28 WAP 2011, 29 WAP 2011, 30 WAP 2011.

55 A.3d 1088 (2012)

Duane REOTT and Patty Reott, Husband and Wife v. ASIA TREND, INC., Clam Corporation (as Successor-in-Interest to USL Outdoor Products, Inc.), USL Outdoor Products, Inc., Remington Arms Company, Inc., RA Brands, LLC, and The Sportsman's Guide. Appeal of Asia Trend, Inc., Remington Arms Company, Inc., RA Brands, LLC and The Sportsman's Guide. Duane Reott and Patty Reott, Husband and Wife v. Asia Trend, Inc., Clam Corporation (as Successor-in-Interest to USL Outdoor Products, Inc.), USL Outdoor Products, Inc., Remington Arms Company, Inc., RA Brands, LLC, and The Sportsman's Guide. Appeal of Asia Trend, Inc., Remington Arms Company, Inc., RA Brands, LLC and The Sportsman's Guide. Duane Reott and Patty Reott, Husband and Wife v. Asia Trend, Inc., Clam Corporation (as Successor-in-Interest to USL Outdoor Products, Inc.), USL Outdoor Products, Inc., Remington Arms Company, Inc., RA Brands, LLC, and The Sportsman's Guide. Appeal of Asia Trend, Inc., Remington Arms Company, Inc., RA Brands, LLC and The Sportsman's Guide. Duane Reott and Patty Reott, Husband and Wife v. Asia Trend, Inc., Clam Corporation (as Successor-in-Interest to USL Outdoor Products, Inc.), USL Outdoor Products, Inc., Remington Arms Company, Inc., RA Brands, LLC, and The Sportsman's Guide. Appeal of Asia Trend, Inc., Remington Arms Company, Inc., RA Brands, LLC and The Sportsman's Guide.

Supreme Court of Pennsylvania.

Decided November 26, 2012.

Attorney(s) appearing for the Case

Michael K. English , Thomas W. King III , Dillon McCandless King Coulter & Graham L.L.P., Butler, Philip J. Mohr , Womble Carlyle , for Remington Arms Company Inc. and RA Brands, LLC.

Kate J. Fagan , Wayman, Irvin & McAuley, L.L.C., Pittsburgh, for The Sportsman's Guide.

John Wright Zotter , Zimmer Kunz, P.L.L.C., Pittsburgh, for Asia Trend Inc.

David Alan Neely , Pittsburgh, for Duane Reott and Patty Reott.

Arthur L. Bugay , Galfand Berger, L.L.P., Philadelphia, for Appellee Amicus Curiae, Pennsylvania Association for Justice.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice BAER.

We granted allowance of appeal in this case to determine, as a matter of first impression for this Court, whether a defendant in a products liability action must plead and prove as an affirmative defense that an injured party's alleged "highly reckless conduct" was the sole or superseding cause of the plaintiff's injuries. For the reasons that follow, we agree with the Superior Court that, in order to avoid liability, a defendant...

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