also id. at 41 (“Adoption of the Third Restatement’s single, unitary defect standard is needed to eliminate the current doctrinal confusion, and to create a system where juries receive adequate instructions and are not confused by redundant theories of liability.”). Appellee, on the other hand, contends that, particularly given the long-standing tenure of Azzarello, any modifications constitute policy making which is more properly left to the Legislature. Accord Program Admin. Servs., Inc. v. Dauphin County Gen. Auth., 593 Pa. 184, 192, 928 A.2d 1013, 1017-18 (2007) (“[I]t is the Legislature’s chief function to set public policy and the courts’ role to enforce that policy, subject to constitutional limitations.”); Naylor v. Township of Hellam, 565 Pa. 397, 408, 773 A.2d 770, 777 (2001) (<HOLDING>). On the merits concerning whether to adopt the
recognizing the general assemblys superior ability to examine social policy issues and to establish appropriate substantive legal standards recognizing standards to determine discrimination are the same under the ra and the ada recognizing courts obligation to examine the circumstances as they existed at the time the original order was entered holding where no further factual development is necessary to further illuminate the legal issues presented ripeness concerns are not implicated recognizing the legislatures superior ability to examine social policy issues and determine legal standards so as to balance competing concerns