Reott v. Asia Trend, Inc.

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The Supreme Court granted allowance of appeal in this case to determine, as a matter of first impression, whether a defendant in a products liability action must plead and prove as an affirmative defense that an injured party's alleged "highly reckless conduct" was the sole or superseding cause of the plaintiff's injuries. Upon review of the Superior Court record, the Supreme Court agreed with the lower court that in order to avoid liability, a defendant raising a claim of highly reckless conduct must indeed plead and prove such claim as an affirmative defense. "Moreover, this evidence must further establish that the highly reckless conduct was the sole or superseding cause of the injuries sustained." The Court affirmed the order of the Superior Court. View "Reott v. Asia Trend, Inc." on Justia Law