Legal Opinion · Dissent

Cave v. Wampler Foods, Inc.

Superior Court of Pennsylvania

Decided November 12, 2008No. 1277 MDA 2007Published

1Dissent

DISSENTING OPINION BY

COLVILLE, J.:

¶ 11 dissent.

¶ 2 Under their first issue, Appellants contend the trial court erred by prohibiting them from presenting evidence regarding federal guidelines and industry standards for the purpose of demonstrating that the ground turkey which allegedly injured Appellee was not defective when it left Appellants’ control. It is well-established that industry customs and standards, as well as governmental regulations *872and standards, are inadmissible in strict liability cases. See, e.g., Lewis v. Coffing Hoist Division, Duff-Norton Company, Inc., 515 Pa. 334, 528…

2Cases cited6 opinions

  1. Lewis v. Coffing Hoist Div., Duff-NortonSupreme Court of Pennsylvania · 1987
  2. Majdic v. Cincinnati MacHine Co.Supreme Court of Pennsylvania · 1988
  3. Gunn v. GrossmanSuperior Court of Pennsylvania · 2000
  4. Sheehan v. Cincinnati Shaper Co.Supreme Court of Pennsylvania · 1989
  5. Babich v. Pittsburgh & New England Trucking Co.Supreme Court of Pennsylvania · 1989

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