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New Jersey Law Applies In Alleged Tire Defect Case Even Though Incident Occurred In Illinois

In a case in which the plaintiff alleged that the manufacturer of a tire was negligent in the design and manufacture of a tire that blew out on an Illinois highway, the U.S. District Court for the District of New Jersey determined that New Jersey law, and not Illinois law, applies.  Under Illinois law, the plaintiff’s non-use of a seat belt would be excluded, but under New Jersey...

OSHA Targeting Repeat Violations In Proposed Penalties Against Freight Shipping Terminal

Yesterday, OSHA announced proposed fines of $330,800 against the owner of a freight shipping terminal for allegedly exposing workers to electrocution, fall, and crushing hazards.  The company previously had similar violations in other states, which lead to the increase in the proposed penalties. According to the OSHA press release, OSHA alleges that the building’s roof leaked...

Boot Manufacturer’s Third-Party Complaint Against Deceased Worker’s Employer Dismissed By Kentucky Court

Following a worker fatality caused by electrical shock at a Kentucky food packing plant, the worker’s estate brought suit against the manufacturer of the “EH” certified boots he was wearing, which allegedly had been warranted to provide protection against inadvertent electrical contact up to 14,000 volts (the worker was exposed to 480 volts at the time of his death)....

Oregon Federal Court Grants Summary Judgment To Shipping Customer For Truck Driver’s Injuries

In a case brought by an independent contractor truck driver for injuries he sustained while attempting to deliver an intermodal container packed with scrap foam to a manufacturing company.  When he opened the container, two pallets weighing 600 pounds each fell and knocked him to the ground.  The plaintiff alleged a premises liability claim against the manufacturing company (the...

Engineering Experts Allowed To Testify In Alleged Injury-Causing Cell Phone Case

The manufacturer and seller of a cellular phone was sued by a plaintiff who alleged that she sustained a burn on her left breast, which developed into complex regional pain syndrome during an overnight bus trip from North Carolina to New York.  The U.S. District Court for the Southern District of New York sorted through the plaintiff’s challenges to the defendant’s...

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