Legal Opinion

Dauphin Deposit Bank & Trust Co. v. Toyota Motor Corp.

Superior Court of Pennsylvania

Decided August 29, 1991PublishedCited by 32 opinions

1Opinion of the Court

CERCONE, Judge:

This is an appeal from the order sustaining appellee’s Preliminary Objections filed in the nature of a demurrer. We affirm.

On appeal, plaintiff/appellant raises four issues for our consideration:

1. Did the trial court err in its ruling that the dangers of consumption of alcoholic beverages were so obvious and well known to the consuming public, as a matter of law, as to preclude Plaintiff from proving that Defendant’s [sic] failure to provide adequate directions or instructions regarding the use of its product rendered that product defective for the purposes of Plaintiff’s…

2Cases cited17 opinions

  1. Webb v. ZernSupreme Court of Pennsylvania · 1966
  2. Azzarello v. Black Bros. Co., Inc.Supreme Court of Pennsylvania · 1978
  3. Incollingo v. EwingSupreme Court of Pennsylvania · 1971
  4. Incollingo v. EWINGSupreme Court of Pennsylvania · 1971
  5. Wicks v. Milzoco Builders, Inc.Supreme Court of Pennsylvania · 1983

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3Cited by32 opinions

  1. Michael SURACE; Alice Surace, H/w, Appellants, v. CATERPILLAR, INC.; CMI Corporation, AppelleesCourt of Appeals for the Third Circuit · 1997
  2. Griggs v. BIC Corp.Court of Appeals for the Third Circuit · 1992
  3. DeWeese v. Anchor Hocking Consumer and Industrial Products GroupSuperior Court of Pennsylvania · 1993
  4. Soufflas v. Zimmer, Inc.District Court, E.D. Pennsylvania · 2007
  5. Parkinson v. Guidant Corp.District Court, W.D. Pennsylvania · 2004

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