Defendant Urges Pennsylvania Supreme Court to Adopt Restatement (Third) of Torts

HARRISBURG, Pa. –– A manufacturer of an allegedly defective corrugated stainless steel tubing has filed a reply brief urging the Pennsylvania Supreme Court to adopt the Restatement (Third) of Torts, saying that jurors should be instructed risk-utility analysis when determining the merits of design-defect claims.

In the Sept. 4 brief, defendant Omega Flex further argues that under the Restatement (Second) of Torts, courts determine whether a defect is “unreasonably dangerous” and then the issue “vanishes.”

The Pennsylvania Supreme Court’s decision could have lingering effects in construction defect litigation; in July, a District Court judge in the state deferred …