notions of fair play and substantial justice."
It does not offend our traditional notions of fair play and substantial justice to say that if we are to permit suits on the theory of strict liability against the sellers of products, we should require the manufacturers of those products to defend the products here when the manufacturers intentionally shipped them here for sale. Nor do we think it makes any difference that the manufacturer resides overseas. International trade is as commonplace as interstate trade in many products and the jet engine allows a German manufacturer to come here about as easily as one from California. We see no difference in requiring the Seydelmanns to defend their products here and requiring some United States manufacturer to do the same so long as they both ship goods into Pennsylvania for sale.
Granted, some inconvenience will be caused Seydelmann but Seydelmann's distributor has been sued here and he must answer. Isn't it fair that the manufacturer be required to answer here as well? It might be argued that the cost of answering is a cost of doing business and the business was done here. Why not make jurisdiction available at any location where the stream of commerce takes these machines, especially where they have been repeatedly sold. To put it another way, should the manufacturer of a foreign product who ships dozens of them into the United States through one single distributor be allowed to avoid jurisdiction because he has no dealers in Pennsylvania and no other so-called contacts with Pennsylvania? We held jurisdiction to be present in Scafati v. BMW, 53 F.R.D. 256 (W.D. Pa. 1971). See also Benn v. Linden Crane Co., 326 F. Supp. 995 (E.D. Pa. 1971). It has been held that jurisdiction should exist at least in those states where the defendant knows his products have come to rest, O'Brien v. Comstock Foods, Inc., 123 Vt. 461, 194 A. 2d 568 (1963). See also Gorso v. Bell Equipment Corp., 330 F. Supp. 834 (W.D. Pa. 1971).
In our view the motion to dismiss must be in turn be dismissed in the light of the present Pennsylvania statute and the present state of the case law. It is so ordered.
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