The vacancy on the state Supreme Court with Justice Joan Orie Melvin’s pending resignation may become an even more acute issue after the high court decided Tuesday to hear a case that could decide the future of products liability law in Pennsylvania.
The justices granted allocatur on whether the "strict liability analysis of Section 402A of the Second Restatement" should be replaced by the Restatement (Third) of Torts‘ analysis. The court also directed the parties in Tincher v. Omega Flex to argue on whether their holding should be applied prospectively or retroactively.
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