Advertising Disclosure Email Disclosure

Pennsylvania Supreme Court’s Tincher decision held not to alter the law governing vehicle crashworthiness cases.

April 1, 2016
Cancelleri v. Ford Motor Company, No. 267 MDA 2015, 2016 Pa. Super. Unpub. LEXIS 53 (Pa. Super. Ct. Jan. 7, 2016)

The plaintiff was operating a Ford vehicle when he was in a head-on collision. He attributed his injuries to a defect in the vehicle because the air bag did not deploy. Ford argued that the question of whether the product was “unreasonably dangerous,” and evidence of government and industry design standards, were both wrongfully withheld from the jury for consideration in deciding whether the vehicle was defective, asserting that the Supreme Court’s 2014 decision in Tincher v. OmegaFlex allowed it. The Superior Court rejected this, concluding that Tincher does not govern crashworthiness cases and, further, that the modification to product liability litigation brought about by Tincher does not conflict with current crashworthiness law. While Cancelleri was not precedential and, thus, cannot be cited in other cases, some view its application of Tincher as a preview for the Superior Court’s anticipated decision in Martinez v. American Honda Motor Company, another crashworthiness case that is in the early stages of the appellate process and involves a verdict almost ten times larger.


Case Law Alerts, 2nd Quarter, April 1, 2016

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Shane Haselbarth
(215) 575-2639

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."