Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
Posted on Jun 15, 2014 in Construction, Product Liability | Comments Off on Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
In Texas, the resale of a used good does not automatically terminate any remaining implied warranty obligations, according to the Supreme Court of Texas in a recent decision involving an engine manufacturer. The court reiterated that if a manufacturer disclaims implied warranties, which Texas law permits, such express language necessarily would apply to subsequent purchasers beyond...
South Carolina Jury Verdict Against Automotive Manufacturer for Alleged Defective Speed Control Deactivation Switch Will Stand
Posted on Jun 14, 2014 in Investigations, Product Liability, Transportation | Comments Off on South Carolina Jury Verdict Against Automotive Manufacturer for Alleged Defective Speed Control Deactivation Switch Will Stand
After leaving a pick-up truck at a warehouse for the weekend only to return to find the warehouse essentially burnt down for a fire allegedly caused by the truck, a lawn maintenance and pressure washing company brought a products liability case against the pick-up truck manufacturer. The case alleged a flawed design of the speed control deactivation switch, arguing that it was “very...
Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
Posted on Jun 14, 2014 in Litigation, Product Liability, Transportation | Comments Off on Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
The Supreme Judicial Court of Massachusetts confronted yesterday under what circumstances a motor vehicle manufacturer owes a duty under Massachusetts law to defend a motor vehicle dealer against a claim “predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof?” The court had to interpret the state’s law that provides for...
Kentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death
Posted on Jun 14, 2014 in Construction, Investigations, Product Liability | Comments Off on Kentucky Federal Court Grants Summary Judgment to Asphalt Kettle Manufacturer Following Worker’s Death
Following an explosion of an asphalt kettle that severely injured an employee of a roofing contractor working on a public school project, the worker subsequently died from a pain medication overdose and his estate brought suit against the asphalt kettle manufacturer alleging design defect, failure to warn, and breach of warranty claims. An asphalt kettle is used in the asphalt roofing...
Negligence Claims Based on Lack of Safety Gate in Freight Elevator Are Structural Defect Claims Barred by Wisconsin Ten-Year Statute of Repose
Posted on Jun 12, 2014 in Construction | Comments Off on Negligence Claims Based on Lack of Safety Gate in Freight Elevator Are Structural Defect Claims Barred by Wisconsin Ten-Year Statute of Repose
A worker’s foot was crushed while riding on a freight elevator without a safety gate in defendants’ storage building. The worker alleged negligence and violations of Wisconsin’s “safe-place” statute. The defendant moved for summary judgment under a related “statute of repose,” which generally provides a ten-year statute of limitations from the time an improvement is constructed for...
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