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Question of Law on Bystander Recovery Sent to PA High Court

By Amaris Elliott-Engel

In the rare exercise of a mechanism that the federal courts may use to consult state courts about purely state questions of law, the Third U.S. Circuit Court of Appeals has asked the Pennsylvania Supreme Court to address the permissible scope of bystander recovery under Pennsylvania's product liability law for a little girl whose left foot was mangled by a lawn mower driven by her grandfather.

The petition for certification of a question of law in Berrier v. Simplicity Manufacturing Inc. is only the 10th time since 1999 that a federal court has submitted a petition for certification to the Pennsylvania court system, according to Irene Bizzoso, a state supreme court deputy prothonotary.

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