section 402 recover (Pennsylvania) · Go Syfert
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section 402 recover in Pennsylvania

8 Pennsylvania opinions name it 5 courts 1973–2002 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Berkebile v. Brantly Helicopter Corp.yellow
pa · 1975 · cited in 3 Pennsylvania opinions naming this issue, 1975–1997
2 sentences

1997Berkebile v. Brantly Helicopter Corporation, 462 Pa. 83, 93-94 , 337 A.2d 893, 899 (1975).

1997Berkebile v. Brantly Helicopter Corporation, 462 Pa. 83, 93-94 , 337 A.2d 893, 899 (1975).

13
Scott v. Thunderbird Industries, Inc.green
oklacivapp · 1982 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002In these circumstances, he is limited to his action for negligence."); Woods v. Luertzing Corp., 167 N.J.Super. 156 , 400 A.2d 562 (App.Div.1979) (person injured during experiments involving patented machine still in development could not recover under Section 402A); Scott v. Thunderbird Indus., Inc., 651 P.2d 1346, 1348 (Okla.Ct.App.1982) ("An injured employee participating in the fabrication of a product is not within that class of persons who are under the umbrella of protection afforded by [402A]."). ¶ 19 The Appellate Court of Illinois addressed this issue in Maddan v. R.A.

2002In these circumstances, he is limited to his action for negligence.”); Woods v. Luertzing Corp., 167 N.J.Super. 156 , 400 A.2d 562 (App.Div.1979) (person injured during experiments involving patented machine still in development could not recover under Section 402A); Scott v. Thunderbird Indus., Inc., 651 P.2d 1346, 1348 (Okla.Ct.App.1982) (“An injured employee participating in the fabrication of a product is not within that class of persons who are under the umbrella of protection afforded by [402A].”). ¶ 19 The Appellate Court of Illinois addressed this issue in Maddan v. R.A.

11
Roland Bosse v. Litton Unit Handling Systems, Division of Litton Systems, Inc., Third Party v. Werner Associates, Inc., Third Partygreen
ca1 · 1981 · cited in 1 Pennsylvania opinions naming this issue, 2002–2002
2 sentences

2002See also Bosse v. Litton Unit Handling Sys., 646 F.2d 689, 694 (1st Cir.1981) (Worker injured during assembly of catwalk in bottling plant could not recover under Section 402A; "plaintiff was injured in the course of putting the catwalk into final shape.

2002See also Bosse v. Litton Unit Handling Sys., 646 F.2d 689, 694 (1st Cir.1981) (Worker injured during assembly of catwalk in bottling plant could not recover under Section 402A; “plaintiff was injured in the course of putting the catwalk into final shape.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (10)

CaseCitedYears
Bialek v. Pittsburgh Brewing Co. green
pa · 1968
2 sentences

1993In Bialek v. Pittsburgh Brewing Co., 430 Pa. 176 , 242 A.2d 231 (1968), a bartender was allowed to recover under §402A when the bottle of Iron City Beer he went to get for a customer exploded, injuring him.

1993In Bialek v. Pittsburgh Brewing Co., 430 Pa. 176 , 242 A.2d 231 (1968), a bartender was allowed to recover under §402A when the bottle of Iron City Beer he went to get for a customer exploded, injuring him.

21975–1993
Davis v. Berwind Corp. green
pa · 1997
2 sentences

2002Davis v. Berwind Corp., 547 Pa. 260 , 690 A.2d 186 (1997).

2002Davis v. Berwind Corp., 547 Pa. 260 , 690 A.2d 186 (1997).

12002–2002
Woods v. LUERTZING CORPORATION green
njsuperctappdiv · 1979
2 sentences

2002In these circumstances, he is limited to his action for negligence.”); Woods v. Luertzing Corp., 167 N.J.Super. 156 , 400 A.2d 562 (App.Div.1979) (person injured during experiments involving patented machine still in development could not recover under Section 402A); Scott v. Thunderbird Indus., Inc., 651 P.2d 1346, 1348 (Okla.Ct.App.1982) (“An injured employee participating in the fabrication of a product is not within that class of persons who are under the umbrella of protection afforded by [402A].”). ¶ 19 The Appellate Court of Illinois addressed this issue in Maddan v. R.A.

2002In these circumstances, he is limited to his action for negligence.”); Woods v. Luertzing Corp., 167 N.J.Super. 156 , 400 A.2d 562 (App.Div.1979) (person injured during experiments involving patented machine still in development could not recover under Section 402A); Scott v. Thunderbird Indus., Inc., 651 P.2d 1346, 1348 (Okla.Ct.App.1982) (“An injured employee participating in the fabrication of a product is not within that class of persons who are under the umbrella of protection afforded by [402A].”). ¶ 19 The Appellate Court of Illinois addressed this issue in Maddan v. R.A.

12002–2002
Maddan v. R. A. Cullinan & Son, Inc. green
illappct · 1980
2 sentences

2002Cullman & Son, Inc., 88 Ill.App.3d 1029 , 44 Ill.Dec. 233 , 411 N.E.2d 139 (1980).

2002Cullman & Son, Inc., 88 Ill.App.3d 1029 , 44 Ill.Dec. 233 , 411 N.E.2d 139 (1980).

12002–2002
Ferraro v. Ford Motor Co. green
pa · 1966
2 sentences

1975In Ferraro v. Ford Motor Company, 423 Pa. 324 , 223 A.2d 746 (1966), our Supreme Court allowed the plaintiff to recover under §402A even though the car that was allegedly defective had been used for over two months and had been driven 500 miles before the accident occurred.

1975In Ferraro v. Ford Motor Company, 423 Pa. 324 , 223 A.2d 746 (1966), our Supreme Court allowed the plaintiff to recover under §402A even though the car that was allegedly defective had been used for over two months and had been driven 500 miles before the accident occurred.

11975–1975
Berkebile v. Brantly Helicopter Corp. green
pasuperct · 1971
2 sentences

1975In Berkebile v. Brantley Helicopter Corp., 219 Pa. Superior Ct. 479 , 281 A.2d 707 (1971), allocatur refused, 219 Pa. Superior Ct. xxxvii , reheard, 225 Pa. Superior Ct. 349 , 311 A.2d 140 (1973), aff’d, 462 Pa. 83 , 337 A.2d 893 (1975), §402A was held to be apposite to a suit concerning the defective design of a helicopter, even though the owner had taken delivery six months and 198.5 air hours before the defect became manifest.

1975In Berkebile v. Brantley Helicopter Corp., 219 Pa. Superior Ct. 479 , 281 A.2d 707 (1971), allocatur refused, 219 Pa. Superior Ct. xxxvii , reheard, 225 Pa. Superior Ct. 349 , 311 A.2d 140 (1973), aff’d, 462 Pa. 83 , 337 A.2d 893 (1975), §402A was held to be apposite to a suit concerning the defective design of a helicopter, even though the owner had taken delivery six months and 198.5 air hours before the defect became manifest.

11975–1975
Berkebile v. Brantly Helicopter Corp. green
pasuperct · 1973
2 sentences

1975In Berkebile v. Brantley Helicopter Corp., 219 Pa. Superior Ct. 479 , 281 A.2d 707 (1971), allocatur refused, 219 Pa. Superior Ct. xxxvii , reheard, 225 Pa. Superior Ct. 349 , 311 A.2d 140 (1973), aff’d, 462 Pa. 83 , 337 A.2d 893 (1975), §402A was held to be apposite to a suit concerning the defective design of a helicopter, even though the owner had taken delivery six months and 198.5 air hours before the defect became manifest.

1975In Berkebile v. Brantley Helicopter Corp., 219 Pa. Superior Ct. 479 , 281 A.2d 707 (1971), allocatur refused, 219 Pa. Superior Ct. xxxvii , reheard, 225 Pa. Superior Ct. 349 , 311 A.2d 140 (1973), aff’d, 462 Pa. 83 , 337 A.2d 893 (1975), §402A was held to be apposite to a suit concerning the defective design of a helicopter, even though the owner had taken delivery six months and 198.5 air hours before the defect became manifest.

11975–1975
Frank Borowicz v. Chicago Mastic Company, Frank Borowicz v. Chicago Adhesive Products Company green
ca7 · 1966
1 sentence

1974Fox’s abnormal use is a defense in this strict liability action: Bartkewich v. Billinger, 432 Pa. 351 , 247 A. 2d 603 (1968); Borowicz, supra; Annotation, 76 A. L.

11974–1974
Bartkewich v. BILLINGER green
pa · 1968
2 sentences

1974Fox’s abnormal use is a defense in this strict liability action: Bartkewich v. Billinger, 432 Pa. 351 , 247 A. 2d 603 (1968); Borowicz, supra; Annotation, 76 A. L.

1974Fox’s abnormal use is a defense in this strict liability action: Bartkewich v. Billinger, 432 Pa. 351 , 247 A. 2d 603 (1968); Borowicz, supra; Annotation, 76 A. L.

11974–1974
Kimmel v. Yellow Cab Co. green
pa · 1964
1 sentence

1973Plaintiff admitted he knew the machine to be dangerous by the basic nature of its operation with the gathering chains, sickle bar, rollers, knives, etc. In Eyer v. Bethlehem Millwork, Inc., 40 Northamp. 228, 232, this court, per Palmer, P. J., held that nonusers may recover under section 402A “where the likelihood of injury to such plaintiffs arising from the use of the product and from the particular risk which makes it ‘unreasonably dangerous’ is reasonably forseeable.” Kimmel v. Yellow Cab Co., 414 Pa. 559 , 563: “The duty of a trial judge in charging a jury is twofold: (1) he must make an

11973–1973

Statutes the citing opinions construe

PA § 15 Pa. Cons. Stat. § 402 (8)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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