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Sullivan v. Werner Co.

Pennsylvania Superior Court

April 15, 2021

In Sullivan v. Werner Co., the plaintiff (no relation to Sullivan of S | S) filed a strict products liability action after he fell through a scaffold made by Werner Company and sold by Lowe’s Companies, Inc. (collectively, Manufacturer). A jury determined that a design defect caused the accident and awarded $2.5 million in damages. On appeal, Manufacturer raised three challenges. First, Manufacturer alleged that the trial court erred in precluding industry standards evidence. Second, Manufacturer asserted that it should have been allowed to argue that the plaintiff’s negligence was the sole cause of the accident. Third, Manufacturer challenged the plaintiff’s mechanical engineering expert, arguing that his opinion testimony and videotaped testing lacked a proper factual foundation. The Superior Court of Pennsylvania affirmed.

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