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Tag Archives: Torts

Pennsylvania’s New Standards for Strict Liability Claims.

10 Tuesday Feb 2015

Posted by Celia C. Elwell, RP in Damages, Litigation, Negligence, Product Liability, Torts

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Duane Morris LLP & Affiliates®, Negligence, Pennsylvania, Product Liability, Second Restatement of Torts, Strict Liability, Torts

Pennsylvania Supreme Court Adopts New Standards for Strict Liability Claims, by Duane Morris LLP & Affiliates®

http://tinyurl.com/q49j9jx

While the Tincher decision clarifies some issues regarding strict liability cases, there are many issues left to be determined by future case law.

On November 19, 2014, the Pennsylvania Supreme Court issued its much-anticipated decision in Tincher v. Omega Flex, Inc. (No. 17 MAP 2013), in which it addresses the proper standard under Pennsylvania law for strict liability claims relating to allegedly defective products. Although the court declined to adopt the Restatement (Third) of Torts, it overruled its prior holding in Azzarello v. Black Brothers Company, 391 A.2d 1020 (Pa. 1978), which created roadblocks to the introduction by defendants of the reasonableness of their actions in designing products.

Strict liability for defective products developed from the social policy determination that the cost of injuries resulting from defective products should be borne by the manufacturers of the products rather than by the injured persons.[1] For almost 50 years, strict liability under Pennsylvania law has been governed by Section 402A of the Second Restatement of Torts, which provides that ‘one who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability [for the harm caused] . . . .’

The term ‘unreasonably dangerous’ naturally involves a balancing between what is reasonable and what is not, which is similar to the fault-based notions encompassed by negligence claims. However, in Azzarello, the Pennsylvania Supreme Court drew a bright line between strict liability and negligence causes of action. . . .

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Why Is Workers’ Compensation An Exclusive Remedy In Employee’s Death Case?

25 Sunday Jan 2015

Posted by Celia C. Elwell, RP in Damages, Employment Law, Litigation, Torts, Workers' Compensation

≈ Comments Off on Why Is Workers’ Compensation An Exclusive Remedy In Employee’s Death Case?

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Breach of Contract, Employer Liability, Employment Law, Remedy, Torts, Workers' Compensation, Wrongful Death, Zalma on Insurance Blog

Workers’ Compensation Is Exclusive Remedy, by Barry Zalma, Zalma On Insurance Blog

http://zalma.com/blog/workers-compensation-is-exclusive-remedy/

Tort Judgment Against Employer Is Only Good for Wallpaper

The workers’ compensation system across the United States provides benefits to injured workers without regard to fault. When the injury is serious or results in death the workers’ compensation benefits do not feel sufficient to indemnify the injured worker or his or her estate for the loss incurred. As a result, the injured worker or his estate will attempt a tort action and then try to collect that judgment by means of a suit against the employer’s insurer.

Employers and employees make a bargain: the employer will not require proof of negligence if the employee is injured and the employee agrees that he or his estate will accept the statutory benefits provided by state law and give up the right to sue the employer for tort damages.

In Morales v. Zenith Ins. Co., — F.3d —-, 2015 WL 265445 (C.A.11 (Fla.) 1/22/15) the estate of an injured worker successfully sued an employer and sought to recover by means of a breach of contract claim filed by plaintiff-appellant Leticia Morales, on behalf of herself, the Estate of Santana Morales, Jr., and two minor children against Zenith Insurance Company (‘Zenith’).

FACTS
Santana Morales, Jr. was crushed to death by a palm tree while working as a landscaper for Lawns Nursery and Irrigation Designs, Inc. (‘Lawns’). At the time of Morales’s death, his employer Lawns maintained a ‘Workers’ Compensation and Employers Liability Insurance Policy’ with Zenith. The policy contained two types of coverage: (1) workers’ compensation insurance under Part I and (2) employer liability insurance under Part II. After Morales’s death, Zenith began paying workers’ compensation benefits to the Estate in accordance with its obligation under Part I of the policy.

Under Part II, Zenith was obligated: (1) to ‘pay all sums [Lawns] legally must pay as damages because of bodily injury to [its] employees, provided the bodily injury is covered by this Employers Liability Insurance’; and (2) to defend lawsuits for such damages. In relevant part, Part II contained an exclusion barring employer liability insurance coverage for ‘any obligation imposed by a workers compensation … law’ (the ‘workers’ compensation exclusion’).

On December 3, 1999, the Estate filed a wrongful death action against Lawns in Florida circuit court and obtained a default jury award to the Estate of $9.525 million in damages against Lawns. . . .

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Second Restatement of Torts vs. Third in Product Liability Cases

18 Friday Oct 2013

Posted by Celia C. Elwell, RP in Research

≈ Comments Off on Second Restatement of Torts vs. Third in Product Liability Cases

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Massachusetts Supreme Court, Product Liability, Restatement, Torts

Update on Products Liability Restatement (Second) vs. (Third) Dispute, by Daniel E. Cummins, Tort Talk
http://www.torttalk.com/2013/10/update-on-products-liability.html

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Litigation Tips and Techniques

15 Tuesday Oct 2013

Posted by Celia C. Elwell, RP in Expert Witnesses

≈ Comments Off on Litigation Tips and Techniques

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Civil Procedure, Evidence, Expert Witnesses, Torts

Court Rules Defendant May Cross-Examine on Fact That Plaintiff’s Attorney Referred Plaintiff to Doctor, posted by Daniel E. Cummins, TortTalk (originally published Pennsylvania Law Weekly “Digest of Recent Opinions – October 1, 2013) http://bit.ly/171qp7n

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