The jury returned a verdict in favor of appellant, but on appeal a panel of the Superior Court (Lipez, J., dissenting) reversed the judgment entered upon the verdict and remanded for a new trial. At the close of the evidence, the trial court submitted the case to the jury with instructions on the count of strict liability, but denied appellee's request that the jury be instructed on the counts of misrepresentation and negligence. At trial appellee proceeded against appellant on the theory that *597 appellant, the manufacturer of the air rifle, had failed to provide an adequate warning of the rifle's lethal propensity and that the alleged failure to warn of the lethal propensity of the air rifle had caused James Sherk's death. The administratrix, the appellee on this appeal, seeks damages for the death of James Sherk, who died after having been struck in the head by a "B-B" fired from a Daisy Power King Model 880 pump-up air rifle by Robert Saenz, a friend of the decedent.
This is an action in trespass filed by the administratrix of the estate of James Sherk against appellant-defendant Daisy-Heddon in the Court of Common Pleas of Allegheny County on counts of strict liability, Restatement (Second) of Torts § 402A, misrepresentation, Restatement (Second) of Torts § 402B, and negligence.
Shelley Bould, Pittsburgh, for Robert Saenz.īefore O'BRIEN, C.J., and ROBERTS, NIX, LARSEN, McDERMOTT and HUTCHINSON, JJ. Donadee, Neighborhood Legal Services, Pittsburgh, for Michael and June Saenz.
Jordan, IV, Thompson, Rhodes & Grigsby, Pittsburgh, for appellant. Michael SAENZ, June Saenz, and Robert Saenz. Monica SHERK, Administratrix of the Estate of James Louis Sherk, Deceased,ĭAISY-HEDDON, A DIVISION OF VICTOR COMPTOMETER CORPORATION, Appellant
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