Amusement Park Operator Owed Ordinary Care, Not Highest Standard Of Care To Injured Patron In Missouri
Posted on Nov 18, 2014 in Product Liability | Comments Off on Amusement Park Operator Owed Ordinary Care, Not Highest Standard Of Care To Injured Patron In Missouri
The Supreme Court of Missouri reversed a jury verdict in favor of a 12-year old plaintiff who sustained injuries while on an amusement park ride. The court determined that the trial court erred in instructing the jury to assess the defendant’s alleged negligence using the highest degree of care standard instead of an instruction on ordinary care. The case involved a water slide...
Refinery Owners Win Summary Judgment On Police Officer’s Chemical Exposure Claims
Posted on Nov 17, 2014 in Energy/Environmental, Product Liability | Comments Off on Refinery Owners Win Summary Judgment On Police Officer’s Chemical Exposure Claims
A Texas police officer brought suit against the owners of multiple refineries claiming he was damaged as a result of chemical exposure during power failures at the refineries in April 2011. Last week, the U.S. District Court for the Southern District of Texas granted summary judgment for the defendants on all of the plaintiff’s claims for the following reasons: nuisance...
Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Posted on Nov 12, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Law Applies In Product Liability Suit Stemming From Natural Gas Well Blowout
Following a 2009 natural gas well blowout in Louisiana, the well operator brought suit against the manufacturer and supplier of lock screw assemblies alleging that the products were defective and that this defect caused the blowout. The parties asked the court to determine whether Louisiana or Texas law applied. The parties agreed that Louisiana choice of law rules should apply, but...
Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
Posted on Nov 11, 2014 in Construction, Investigations, Product Liability | Comments Off on Indiana Court Upholds Verdict Against Parts Distributor, Agrees With Remedial Measures And Spoliation Rulings
In April 2006, the braking system on a crane being used to hoist a ladle of molten iron at a steel mill in Indiana failed, which caused molten iron to spill and ignite an extensive fire. The mill owner sued the supplier of the braking system’s parts that fractured for breach of contract and breach of implied warranties. Notably, the parts supplier was not the parts...
First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
Posted on Nov 9, 2014 in Construction, Litigation, Product Liability | Comments Off on First Circuit Tosses Lightning-Related CSST Defect Claims For Lack Of Standing
In a products liability case concerning standing based on a theory of enhanced risk of future injury, the First Circuit affirmed a district court’s dismissal of a plaintiff’s purported class action claiming that the corrugated stainless steel tubing installed to provide gas to his outdoor firepit was susceptible to causing fires if struck by lightning. Despite being a...
Evidence Of Prior Incidents/Injuries Not Impermissibly Admitted By California Trial Judge
Posted on Nov 4, 2014 in Process Safety, Product Liability | Comments Off on Evidence Of Prior Incidents/Injuries Not Impermissibly Admitted By California Trial Judge
The Court of Appeal of California (4th Division) affirmed a jury verdict in favor of two plaintiffs who, while not wearing any wetsuit bottoms or similar protective clothing, sustained permanent injuries when falling off the back of a three-passenger watercraft. A jury returned a verdict against the watercraft manufacturer, the owner of the personal watercraft, and the operator of the...
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