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Houston Harbaugh, P.C.
Houston Harbaugh, P.C.

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Pittsburgh, PA 15222-1005

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Houston Harbaugh Blog

May 2017 Archives

Pennsylvania Superior Court Decision Highlights Importance of Rebuttal Evidence on Causation in Defending a Strict-Liability, Failure-to-Warn Claim

The Pennsylvania Superior Court recently affirmed an order of the Court of Common Pleas of Philadelphia County entering a judgment against American Honda Motor Co., Inc. ("Honda") on a jury verdict of $55,325,714 in a personal injury action. American Honda Motor Co., Inc. v. Martinez, 2017 Pa. Super. LEXIS 271 (Pa. Super. Apr. 19, 2017). Plaintiff in Martinez suffered severe injuries in an automobile accident allegedly as a result of (i) a defectively designed seatbelt and (ii) a failure to warn with respect to the subject car's inability to protect passengers in certain types of accidents. In addition to providing a helpful analysis of design-defect claims after Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), the Martinez decision provides guidance as to how Pennsylvania courts analyze causation in a failure-to-warn claim.

When Does an Agreement to Repurchase Construction Material Equal a Contract for Services?

Recently, in the case of CPG Int'l LLC v. Shelter Products, Inc., No. 3:15cv1045 (M.D. Pa. 2017) the United States District Court for the Middle District of Pennsylvania denied a motion for partial summary judgment on the grounds that the claim at issue was not barred by the statute of frauds, which applies to contracts for the sale of goods, because the purchaser actually agreed to provide a service to the seller in repurchasing inventory and relocating it to another distributor.

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