Cameron v. Walton-March, Inc No.

88-7279, 1990 U.S. Dist. LEXIS 4815 (E.D. Pa. Apr. 24, 1990)

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Nature of the Case

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Facts

Cameron (P) was hurt while working as a trolley operator for Southeastern Pennsylvania Transportation Authority. He was hurt by a product of Walton-March, Inc. (D), which was used to clean brass rails in public trolleys. P claims that D failed to adequately warn and instruct users about the product, even though D was aware of a problem. The trial court stated that the product was not defective. It based its decision on the fact that D's Customer Service Manager had not received any complaints about the product. This, the court claimed, proved the nonoccurrence of complaints about the product. P moved for a new trial, claiming that the allowance of this evidence, claiming that there was not a proper foundation to allow evidence about the alleged absence of prior complaints about the product.