ROGERS v. JOHNSON & JOHNSON PRODUCTS


368 Pa.Super. 109 (1987)

533 A.2d 739

Price L. ROGERS and Elaine Rogers, H/W v. JOHNSON & JOHNSON PRODUCTS, INCORPORATED and Lankenau Hospital and Thomas Jefferson University Hospital. Appeal of JOHNSON & JOHNSON PRODUCTS, INCORPORATED.

Supreme Court of Pennsylvania.

Filed November 6, 1987.


Attorney(s) appearing for the Case

Alan K. Cotler, Philadelphia, for appellant.

Jim Beasley, Philadelphia, for appellees.

Before CIRILLO, President Judge and BECK and HESTER, JJ.


BECK, Judge:

This case presents a difficult question regarding the parameters and application of the "malfunction theory" in a strict product liability action.

The malfunction theory has been part of the law of strict liability in Pennsylvania since 1969 when this Court decided MacDougall v. Ford Motor Co., 214 Pa.Super. 384, 257 A.2d 676 (1969), allocatur...

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