Legal Opinion · Concurrence

Berrier v. Simplicity Manufacturing, Inc.

Supreme Court of Pennsylvania

Decided October 17, 2008No. Petition 13 EM 2008Published

1ConcurrenceJustice Saylor

I support the Court’s decision to deny the petition for certification, but I wish to summarize my own rationale as follows.

The petition for certification seeks this Court’s review in an arena in which there has been great difficulty achieving consensus. We recently accepted review of the foundational matter of whether the strict liability doctrine appropriately applies in design-defect cases. See Bugosh v. I.U. North Am., Inc., 596 Pa. 265, 942 A.2d 897 (2008) (per curiam). With full appreciation and respect for the difficulties presented to the federal courts in predicting Pennsylvania law…

2Cases cited7 opinions

  1. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  2. Phillips v. Cricket LightersSupreme Court of Pennsylvania · 2003
  3. Pennsylvania Department of General Services v. United States Mineral Products Co.Supreme Court of Pennsylvania · 2006
  4. Duchess v. Langston Corp.Supreme Court of Pennsylvania · 2001
  5. Fitzpatrick v. MadonnaSuperior Court of Pennsylvania · 1993

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