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Left to right: Eugene Hamill and Gerry Cedrone, Lavin O’Neil Cedrone & DiSipio

As noted in Larry Coben’s thoughtful article in the Pennsylvania Law Weekly (“A Comparative Review of Products Liability Jury Instructions,” Jan. 30, 2018), many issues remain to be worked out as a result of the Pennsylvania Supreme Court’s 2014 Tincher v. Omega Flex, opinion, which overruled the venerable Azzarello v. Black Brothers, 480 Pa. 547, 391, A.2d 1020 (1978). The Supreme Court itself noted that its “opinion does not purport to either approve or disapprove prior decisional law, or available alternatives suggested by commentators or the restatements. … The difficulties that justify our restraint should be readily apparent. The common law regarding these related considerations should develop with the proper factual contexts.”

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