The Pennsylvania Superior Court has reinstated a products liability suit brought by a man who fell 35 feet from a tree while wearing a safety harness backward.
The lawsuit, captioned Zimmerman v. Andrew, was dismissed at the summary judgment phase after the Elk County judge presiding over the case determined that ”it would be a waste of time” to take the case to jury, given the plaintiff’s clear misuses of the product. But, on June 1, a unanimous three-judge panel determined that decision was an error and remanded the case back to the trial court for further proceedings.
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