Following the U.S. Court of Appeals for the Third Circuit’s prediction that the state Supreme Court will decide the Restatement (Third) of Torts should apply in products liability cases under state law, a federal judge tossed several claims from a truck driver who fell from the steps on a Kenworth tractor-trailer.
Kenworth Truck Co. won summary judgment on two out of three strict liability claims from U.S. District Judge A. Richard Caputo of the Middle District of Pennsylvania. Last summer, U.S. District Judge John E. Jones III, also of the Middle District of Pennsylvania, ruled that the Restatement (Second) still governs torts in Pennsylvania because the state Supreme Court has declined to adopt the new restatement in recent opinions. The Third Circuit declined to take up the issue on an interlocutory appeal this fall.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
