Majdic v. Cincinnati MacHine Co.

DEL SOLE, Judge:

We consider an appeal from the judgment entered in Appellee’s favor in a products liability action. Following the denial of post-trial motions and judgment, an appeal to this Court was filed in which a panel of this Court affirmed the trial court. We have granted reargument, however, for three principal reasons:

1. to clarify the role which “state of the art” evidence, including evidence of industry custom and federal safety standards, plays within the context of a strict liability action;

2. to re-examine the rule which prohibits hearsay statements appearing in learned…