Opinion

Berkebile v. Brantly Helicopter Corp.

  • 462 Pa. 83
  • 337 A.2d 893
  • 1975 Pa. LEXIS 837
Court
Supreme Court of Pennsylvania
Filed
May 19, 1975
Status
Published
Author
Roberts
On the bench
Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
Cited by
342 cases

Abrogated on other grounds by Reott v. Asia Trend, Inc., 618 Pa. 228 (2012)

holding that, because the plaintiffs allegation was that the rotor system was defective because it did not allow enough time for the average pilot to go into autorotation, the trial court erred in instructing the jury that the plaintiffs failure to go into autorotation within the necessary time constituted an “abnormal use” of the system

How later courts described this case

  • holding that, because the plaintiffs allegation was that the rotor system was defective because it did not allow enough time for the average pilot to go into autorotation, the trial court erred in instructing the jury that the plaintiffs failure to go into autorotation within the necessary time constituted an “abnormal use” of the system
  • holding that, for policy reasons, a manufacturer should be the guarantor of its products' safety, reasoning that the distinction between strict liability and negligence is that the exercise of due care in strict liability cases is absolutely irrelevant
  • holding trial court erred in instructing on manufacturer's foreseeability, as "[t]o require foreseeability is to require the manufacturer to use due care in preparing his product. In strict liability, the manufacturer is liable even if he has exercised all due care."
  • plaintiff cannot be precluded from recovery in a strict liability case due to his own negligence

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Reott v. Asia Trend, Inc., 618 Pa. 228 (2012)

    337 A.2d 893, 898 (Pa. 1975), overruled on other grounds by Reott v. Asia Trend, Inc., 55 A.3d 1088
    Supreme Court of PennsylvaniaNov 26, 20123 citing opinionsother groundsRead it

Distinguished

  • Distinguished by Mazur v. Merck & Co., 964 F.2d 1348 (1992)

    Berkebile is first, and foremost, a section 402A case, and is inapposite here.
    Court of Appeals for the Third CircuitMay 20, 1992Read it

The opinion

ROBERTS, Justice

(concurring).

The trial court instructed the jury that if the pilot of the helicopter failed to place the helicopter in autorotation in time to prevent a crash, he used the helicopter in an abnormal manner and his estate would be barred from recovery. Because this instruction improperly withdrew from the jury’s consideration one of appellant’s theories of recovery — that the helicopter was defectively designed so as to make it impossible for the pilot to place the helicopter in autorotation — I concur in the majority’s decision affirming the Superior Court’s grant of a new trial.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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