This is rather state specific, but it’s big news in Pennsylvania, and Bexis insists it’s important enough to warrant inclusion here. Brickbats to Bexis, then.
Yesterday, the Pennsylvania Supreme Court entered an order, accepting allocatur (that’s Pennsylvanian for “appeal”) to answer the following question:
“Whether this Court should apply §2 of the Restatement (Third) of Torts in place of §402A of the Restatement (Second) of Torts.”
Thirty years ago Pennsylvania rigidly separated strict liability and negligence in Azzarello v. Black Brothers. Now the court will reconsider that decision.
The case, for those interested: Bugosh v. I.U. North America, Inc., No. 350 WAL 2007 (this number will now change to a “WAP” number) (Pa. Feb. 27, 2008).