California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
Posted on May 30, 2014 in Litigation, Transportation | Comments Off on California Court Prevents Wrongful Death Suit Against Co-Worker (a Washington Truck Driver) From Proceeding
The U.S. District Court for the Eastern District of California granted summary judgment to a Washington truck driver in a wrongful death action under the California Labor Code for allegedly causing an accident in California in which the individual in the passenger seat was killed. The court found that both the defendant driver and the deceased passenger were employees of the...
Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
Posted on May 30, 2014 in Construction, Investigations, Litigation, Product Liability | Comments Off on Fifth Circuit Affirms Dismissal of Product Liability Case Against Propane Heater Manufacturer
The Fifth Circuit affirmed the dismissal of a Louisiana products liability case alleging that defects in a propane heater caused the death of the plaintiff’s husband. The plaintiff’s expert opined that a propane leak was the most probable cause of the damaging fire and explained that there were five potential areas for fault in the heater that could have caused such a leak. Despite...
State Likely Has Jurisdiction of Miner’s Cumulative Trauma Claims Even Though Miner Last Worked in Another State
Posted on May 28, 2014 in Construction, Litigation | Comments Off on State Likely Has Jurisdiction of Miner’s Cumulative Trauma Claims Even Though Miner Last Worked in Another State
In a coal miner injury case, a miner who had worked for a mining company in Kentucky from 1990 to 2009 was transferred to a mine owned by the same company in Virginia, where he worked for approximately six months before stopping work because of alleged cumulative trauma injuries. The worker filed for workers’ compensation benefits in Kentucky but the ALJ held that Kentucky did not...
Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
Posted on May 27, 2014 in Construction, Investigations, Litigation | Comments Off on Evidence of Failure To Comply With Safety Regulations Not Enough for Intentional Tort Claim in Ohio
The U.S. District Court for the Southern District of Ohio dismissed an employer intentional tort claim, finding that the plaintiff failed to present evidence that the defendant was his employer or that the defendant acted with specific intent. The plaintiff, a subcontractor on a construction site who was injured in a fall, alleged that the general contractor was responsible for the...
Tennessee Court Lacks Personal Jurisdiction Over Japanese Manufacturer of Electric Generator
Posted on May 20, 2014 in Litigation, Product Liability | Comments Off on Tennessee Court Lacks Personal Jurisdiction Over Japanese Manufacturer of Electric Generator
The U.S. District Court for the Middle District of Tennessee granted a Japanese generator manufacturer’s motion to dismiss for lack of personal jurisdiction in a case involving multiple deaths in a camper caused by the emission of carbon monoxide. In response to a suit brought by the decedents’ estates, the Japanese manufacturer claimed the court had no personal jurisdiction...
Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
Posted on May 14, 2014 in Litigation, Product Liability | Comments Off on Foreign Tire Manufacturer Dismissed from Kansas Product Liability Case for Lack of Personal Jurisdiction
In a products liability case involving an injury resulting from an allegedly faulty motorcycle tire, the U.S. District Court for the District of Kansas granted motions to dismiss for lack of personal jurisdiction where the plaintiffs failed to show that a foreign tire manufacturer and its parent companies had “minimum contacts” with Kansas sufficient for the court to reasonably...
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