The General Litigation Group, in a case handled by David Dowling, scored a significant victory recently when the Pennsylvania Superior Court unanimously granted a new trial in the case captioned DeRita v. Project Adventure and Schaefer Marine.

The case involved the death of 31-year-old Angela DeRita who sustained fatal injuries when she fell 40 feet from a tree limb while participating in a high-ropes course offered by her employer, Capital Area Intermediate Unit.  A product liability suit was filed against Project Adventure, the seller of a K-1 pulley and Schaefer Marine, the designer.  The case centered around a design flaw in the pulley which allowed it to be attached in two different ways to a steel cable.  If the pulley was attached in one fashion, it was entirely safe; however, if attached another way, it would disengage from the steel cable causing the participant to fall.

Angela attached the pulley by the second method, tugged on it, it held and she, therefore, thought it was attached correctly; it was not.  She stepped off of a platform and fell to her death.

The Superior Court held that the trial court impermissibly allowed the introduction of negligence concepts into a strict liability trial which prejudiced the jury despite curative instructions, and further, that the trial court improperly charged on the defense of misuse.  A defense verdict was obtain, post-trial motions were filed and the trial court would not order a new trial.  The Superior Court reversed.

In reversing, the Superior Court noted that there are certain circumstances where defense counsel’s comments are so offensive or egregious that no curative instruction is able to adequately obliterate them.