Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
Posted on Jun 25, 2014 in Investigations, Product Liability | Comments Off on Prior Incident Evidence Held Inadmissible In Heater Manufacturing Defect Case In Illinois Federal Court
On a camping trip in 2010, a father was killed and his son seriously injured after the “bulk mount” propane radiant heater they were using released a deadly amount of carbon monoxide. The heater was a large commercial heater, designed to operate off of a 20-pound or larger propane tank, and intended only for outdoor use. In 2012, the son and his mother filed suit against the heater...
USA Today Report Critical of NTSB Investigations of Small Plane and Helicopter Crashes
Posted on Jun 18, 2014 in Investigations, Transportation | Comments Off on USA Today Report Critical of NTSB Investigations of Small Plane and Helicopter Crashes
A USA Today report published this week attributes “shortcomings” in NTSB investigations of private plane and helicopter crashes with compounding the number of deaths in general aviation incidents (reportedly nearly 45,000 since 1964 and roughly nine times greater than the number of deaths in passenger airline crashes). According to the report, investigators “repeatedly overlooked...
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...
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...
Texas Appellate Court Affirms Verdict for Injured Worker at Meat-Packing Plant
Posted on Jun 9, 2014 in Construction, Investigations, Product Liability | Comments Off on Texas Appellate Court Affirms Verdict for Injured Worker at Meat-Packing Plant
On appeal of a jury verdict in favor of an injured worker at a food manufacturing plant, the Court of Appeals of Texas affirmed the verdict. The worker’s arm was crushed after becoming stuck in a conveyor belt he attempted to clean when the belt accidentally engaged. The worker accused the owner of the meat-packing plant of negligence in failing to have a delayed start signal before...
Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Posted on Jun 9, 2014 in Construction, Investigations, Litigation, Product Liability, Transportation | Comments Off on Ohio Federal Court Grants Summary Judgment to Tractor Manufacturer on Insurer’s Case Alleging Design Defects
Following a fire that entirely destroyed a commercial farming tractor, an insurer paid the tractor’s owner a significant sum under a casualty/property policy, and then brought suit against the tractor manufacturer and the manufacturer of the tractor’s turbocharger alleging defective design claims. One day before the incident, however, a worker for the insured noticed steam and water...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>