In April, we reported on the case of Berrier v. Simplicty, et al., a Third Circuit opinion in which the court ruled that PA’s Supreme Court would soon adopt the Restatement Third of Torts. The vehicle for such change was the case of Bugosh v. I.U. North America which was pending before the court. Yesterday, in a one line opinion, the Supreme Court declared that the appeal had been “improvidently granted.” It therefore dismissed the appeal. In light of this decision, the Restatement 2nd appears to remain the law of the Commonwealth.

http://www.pacourts.us/OpPosting/Supreme/out/J-159-2008pco.pdf

http://www.pacourts.us/OpPosting/Supreme/out/J-159-2008ds.pdf