Legal Opinion

Beard v. Johnson and Johnson, Inc.

Supreme Court of Pennsylvania

Decided March 22, 2012No. 35 WAP 2010PublishedCited by 25 opinions

1Opinion of the Court

*101 OPINION

Justice SAYLOR.

This appeal arises out of a medical-device product liability action in which a striet-liability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court’s threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appeal was allowed to consider the degree to which an appellate court is bound by such weight and credibility determinations as may be made by a trial court in a risk-utility…

2Cases cited22 opinions

  1. Berkebile v. Brantly Helicopter Corp.Supreme Court of Pennsylvania · 1975
  2. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  3. Prentis v. Yale Manufacturing Co.Michigan Supreme Court · 1985
  4. Phillips v. Cricket LightersSupreme Court of Pennsylvania · 2003
  5. Dambacher by Dambacher v. MallisSupreme Court of Pennsylvania · 1985

17 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Tincher, T. v. Omega Flex, Inc., Aplt.Supreme Court of Pennsylvania · 2014
  2. Slemmer v. McGlaughlin Spray Foam Insulation, Inc.District Court, E.D. Pennsylvania · 2013
  3. Nobles, J. v. Staples, Inc.Superior Court of Pennsylvania · 2016
  4. Rosenberg v. C.R. Bard, Inc.District Court, E.D. Pennsylvania · 2019
  5. Lynn ex rel. Lynn v. Yamaha Golf-Car Co.District Court, W.D. Pennsylvania · 2012

20 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API