Duane Reott and Patty Reott, Husband and Wife, v. Asia Trend, Inc., Clam Corp., et al. Appeal of: Asia Trend, Inc., Remington Arms Co., Inc. et al. (concurring)

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[J-100A-D-2011] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT DUANE REOTT AND PATTY REOTT, HUSBAND AND WIFE v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-ININTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC, AND THE SPORTSMAN'S GUIDE APPEAL OF: ASIA TREND, INC., REMINGTON ARMS COMPANY, INC. , RA BRANDS, LLC AND THE SPORTSMAN S GUIDE DUANE REOTT AND PATTY REOTT, HUSBAND AND WIFE v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-ININTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC, AND THE SPORTSMAN'S GUIDE APPEAL OF: ASIA TREND, INC., REMINGTON ARMS COMPANY, INC. , RA BRANDS, LLC AND THE SPORTSMAN S GUIDE : : : : : : : : : : : : : : : : : : No. 27 WAP 2011 : : : : : : : : : : : : : : : : : : No. 28 WAP 2011 Appeal from the Order of the Superior Court entered September 21, 2010 at No. 2 WDA 2010, reversing the Order of the Court of Common Pleas of Butler County entered December 14, 2009, at No. AD 06-11440 and remanding. ARGUED: October 19, 2011 Appeal from the Order of the Superior Court entered September 21, 2010 at No. 109 WDA 2010, reversing the Order of the Court of Common Pleas of Butler County entered December 14, 2009, at No. AD 06-11440 and remanding. ARGUED: October 19, 2011 DUANE REOTT AND PATTY REOTT, HUSBAND AND WIFE v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-ININTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC, AND THE SPORTSMAN'S GUIDE APPEAL OF: ASIA TREND, INC., REMINGTON ARMS COMPANY, INC. , RA BRANDS, LLC AND THE SPORTSMAN S GUIDE DUANE REOTT AND PATTY REOTT, HUSBAND AND WIFE v. ASIA TREND, INC., CLAM CORPORATION (AS SUCCESSOR-ININTEREST TO USL OUTDOOR PRODUCTS, INC.), USL OUTDOOR PRODUCTS, INC., REMINGTON ARMS COMPANY, INC., RA BRANDS, LLC, AND THE SPORTSMAN'S GUIDE APPEAL OF: ASIA TREND, INC., REMINGTON ARMS COMPANY, INC. , RA BRANDS, LLC AND THE SPORTSMAN S GUIDE : : : : : : : : : : : : : : : : : : No. 29 WAP 2011 : : : : : : : : : : : : : : : : : : No. 30 WAP 2011 Appeal from the Order of the Superior Court entered September 21, 2010 at No. 112 WDA 2010, reversing the Order of the Court of Common Pleas of Butler County entered December 14, 2009, at No. AD 06-11440 and remanding. ARGUED: October 19, 2011 Appeal from the Order of the Superior Court entered September 21, 2010 at No. 113 WDA 2010, reversing the Order of the Court of Common Pleas of Butler County entered December 14, 2009, at No. AD 06-11440 and remanding. ARGUED: October 19, 2011 CONCURRING OPINION MR. JUSTICE SAYLOR DECIDED: NOVEMBER 26, 2012 [J-100A-D-2011] - 2 I join the majority opinion, as applied to a manufacturing-defect case. However, particularly in light of the idiosyncratic fashion in which strict-liability jurisprudence has been applied in Pennsylvania, see generally Bugosh v. I.U. N. Am., Inc., 601 Pa. 277, 279-98, 971 A.2d 1228, 1229-40 (2009) (Saylor, J., dissenting), I would not extend such holding to other scenarios (such as strict-liability, design-defect litigation) without careful consideration of the fundamental fairness of doing so in a case or cases presenting material facts. In this regard, I note that strict products liability was originally fashioned with manufacturing defects in mind, and its uncritical extension to other areas, including the design-defect arena, has resulted in tremendous uncertainty, controversy, and instability, which continue to require this Court s attention to remediate beginning at a foundational level. See id. [J-100A-D-2011] - 3

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