Callender v. Goodyear Tire & Rubber Co.

DEL SOLE, Judge,

concurring.

I concur with the Majority’s decision in this case. I believe that the issue presented is controlled by the Supreme Court decisions in Heath v. Church’s Fried Chicken, 519 Pa. 274, 546 A.2d 1120 (1988) and Lewis v. School District of Philadelphia, 517 Pa. 461, 538 A.2d 862 (1988).

However, I join with the concern expressed by Mr. Justice Papadakos in his Concurring Opinion in the Heath case. *299Specifically, where an employer has placed into the stream of commerce a product which subsequently causes injury to an employee, a manufacturer of that defective product should not escape liability because of the employer/employee relationship. California has statutorily made this provision and I believe that Pennsylvania should consider such a change. However, under the existing law of the Commonwealth I believe that the majority is correct and, therefore, concur in the result.