Tincher v. Omega Flex, Inc.

104 A.3d 328 (2014)

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Tincher v. Omega Flex, Inc.

Pennsylvania Supreme Court
104 A.3d 328 (2014)

  • Written by Rose VanHofwegen, JD

Facts

Terence and Judith Tincher (plaintiffs) sued Omega Flex, Inc. (defendant) after a gas line it manufactured and lightning allegedly caused a fire. The experts disputed whether various alternative gas-line designs were practicable or would have worked under the circumstances. The court used a strict-liability jury instruction from Azzarello v. Black Brothers Company, 391 A.2d 1020 (Pa. 1978). Omega wanted the court to use the Third Restatement of Torts: Products Liability standard instead, which would have required the Tinchers to show that an available, reasonable alternative design would have prevented the fire. The jury awarded the Tinchers over $1 million, and Omega appealed, arguing that the court applied the wrong standard.

Rule of Law

Issue

Holding and Reasoning (Castille, C.J.)

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