A case that could go a long way toward settling some of the many open issues in Pennsylvania products liability law has received an injection of intrigue on the eve of appellate argument from a trial court’s decision on remand in Tincher v. Omega Flex, the landmark 2014 case that left much uncertainty in the field.
Martinez v. American Honda Motor, an appeal brought by Honda of a $55 million crashworthiness verdict, is set for argument Tuesday in Philadelphia. Products liability attorneys have said it could represent a beacon for practitioners trying to find their way in the new world order created by Tincher. On Aug. 3, counsel for Carlos Martinez and his wife, Rosita de los Santos de Martinez, brought to the Superior Court’s attention the latest Tincher ruling, which denied defendant Omega Flex’s renewed motion for post-trial relief.
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