Huddell v. Levin

Except for his views on the plaintiff’s burden of proof set forth in Part III A, I join in Judge Aldisert’s carefully analyzed opinion and concur in its result.

The panel decided that Huddell had adduced sufficient evidence to submit to the jury the questions whether a defect existed and whether it was a proximate cause of Dr. Huddell’s death. On retrial, however, Huddell will fail to meet her burden of proof according to the majority unless she can show (1) that there existed an alternate safer design “practicable under the circumstances,” (2) the extent of the injuries which would have…