The U.S. Court of Appeals for the Third Circuit has reinstated a defective design claim based on the state Supreme Court’s ruling last year in Tincher v. Omega Flex.
The U.S. District Court for the Eastern District of Pennsylvania had tossed the case DeJesus v. Knight Industries & Associates in 2013 based on its application of the Restatement (Third) of Torts. However, in November 2014, the state Supreme Court declined to adopt the Third Restatement, and held that Pennsylvania courts should continue to follow the Restatement (Second) of Torts.
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