Lewis v. CRC Industries, Inc., 2010 PA Super 179, 7 A.3d 841 (Pa.Super. 2010)
N/AOUTCOME:
Author of the Brief for the Appellant. The Pennsylvania Superior Court ordered a new trial in a products liability action involving the application of New Jersey substantive law, holding that the law p ... rohibits a court from introducing to the jury the principle of assumption of risk as a defense to a plaintiff's strict product liability claim stemming from an used in a workplace setting. The Court further held when a jury charge as a whole is inadequate, or not clear, or has a tendency to mislead or confuse, rather than clarify a material issue, that error is a sufficient basis for the award of a new trial.
