# Webb v. Volvo Cars of North America, LLC

> Superior Court of Pennsylvania · September 9, 2016 · 2016 Pa. Super. 203

URL: https://www.frixlaw.com/law-library/cases/9836002

## Case

- **Full name:** Mark WEBB, as Administrator for the Estate of Sabino Webb, Deceased, Appellant v. VOLVO CARS OF NORTH AMERICA, LLC, Volvo Cars Corporation, Graco Children’s Products, Inc. (d/B/T/A Newell Rubbermaid, Inc.), William Julian, and Ana (Webb) Soares Appellees
- **Court:** Superior Court of Pennsylvania
- **Decided:** September 9, 2016
- **Citations:** 2016 Pa. Super. 203; 148 A.3d 473; 2016 Pa. Super. LEXIS 517; 2016 WL 4721460
- **Precedential status:** Published
- **Opinion:** Concurrence by Strassburger
- **Judges:** Elliott, Stabile, Strassburger
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9836002

## How later opinions describe it (automated extraction)

- explaining that a biomechanical engineer did not offer improper medical testimony in opining that the forces involved in a collision were such that additional padding in a car seat would not have prevented the plaintiff’s death

## Opinion text

CONCURRING OPINION BY
STRASSBURGER, J.:
I agree with and join the Majority’s erudite disposition of this matter holding that Appellant is entitled to a new trial based on the trial court’s erroneous jury instruction. My joinder includes the Majority’s discussion of Tincher v. Omega Flex, Inc., 628 Pa. 296 , 104 A.3d 328 (2014). I write separately to note my position that, in light of the Majority’s holding, it is unnecessary and perhaps confusing to address the remaining issues on appeal. To say that an evidentiary ruling is not an abuse of discretion does not preclude the possibility that the opposite ruling also would not be an abuse of discretion. Therefore, I respectfully concur.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9836002. Public record. Not legal advice.
