The Superior Court has upheld an $8.75 million verdict in a products liability case out of Allegheny County, ruling that evidence of design changes and reports of prior incidents introduced by the plaintiff were, in fact, admissible to the jury.
Writing for a 2-1 majority, Judge Cheryl Lynn Allen ruled that evidence of design changes instituted by the defendant manufacturer in the case was correctly presented to the jury because the changes were developed before the date of the subject accident. Further, Allen ruled, the reports of prior incidents may have constituted inadmissible hearsay, but the defendants failed to object to the reports during trial and failed to request a limiting instruction to the jury, thus waiving their right to appeal on the issue.
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