In April, the Pennsylvania Superior Court held in Sullivan v. Werner that trial courts can block defendants from introducing evidence about industry standards during products liability trials—the first ruling to touch on the subject since the landmark Tincher v. Omega Flex case.

Now, lawyers representing the defendants in the Sullivan case have appealed that ruling to the state Supreme Court, arguing the decision that affirmed a $2.5 million verdict awarded to an injured man was legally erroneous in that it held that strict liability can be proven without showing that a manufacturer took every precaution in designing and selling a product.