NEWS

P&K Park Wins a Summary Judgment Motion in Pennsylvania

The United States District Court for the Eastern District of Pennsylvania (“Eastern District”) dismissed the firm’s client Coway USA, Inc. (“Coway USA”) due to the absence of admissible evidence that it sold the product at issue. Plaintiff State Farm Fire & Casualty Co. (“State Farm”) filed a product liability lawsuit against Coway USA alleging that Coway USA’s water product contained multiple defects that caused property damage at its insured’s home. Coway USA sought dismissal via summary judgment on the basis that State Farm failed to present admissible evidence that Coway USA qualified as a “seller” of the product per Pennsylvania’s governing product liability law. See Tincher v. Omega Flex, Inc., 104 A.3d 328, 387 (Pa. 2014). In an extensive thirteen (13) page opinion, the Hon. Lynne A. Sitarski granted Coway USA’s motion and dismissed State Farm’s claims as a matter of law. Judge Sitarski held that a Plaintiff’s unverified and unsupported testimony cannot create an “issue of fact” on the “seller” element of a product liability suit under Tincher. Dan Kain and Charles Gilliam-Brownlee of P&K Park’s Pennsylvania office participated in this effort.