Rogers v. Johnson & Johnson Products, Inc.

OPINION

NIX, Chief Justice.*

The issue in this case is whether a plaintiff proceeding on the strict liability theory of product malfunction will be precluded from having a jury decide the case if the manufacturer of the product introduces evidence of the negligence of another party as the cause of the malfunction. Contrary to the Superior Court, we conclude not.

The facts are that on May 1, 1977, Price Rogers entered Lankenau Hospital for the treatment of a broken leg. Dr. John J. Dowling, Lankenau’s Chief of Orthopedic Surgery, and Dr. Lawrence Naame, a third year resident on rotation from…