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Pilot Denied New Trial In New Hampshire Helicopter Crash Case

The pilot of a helicopter that had to conduct an emergency landing brought a suit against the manufacturers of the helicopter, the engine, and the electronic control unit (“ECU”) for defective design.  The U.S. District Court for the District of New Hampshire issued an 80-page opinion last week denying the pilot’s motion for a new trial and for relief from judgment.  As the court...

Expert Not Allowed To Testify That Product’s Modifications Were Made “Recently”

In 2010, a worker using a rubber injection mold press had to have his left hand amputated after having it caught while operating the press.  The worker brought suit against the company who used the machine from 1995 to 2007, prior to selling it to his employer, on the grounds that this previous company had disabled the safety systems of the press.  All of the experts in the case...

Montana Judge Reduces Punitives In Automotive Case But Award Still Vulnerable On Appeal

In May, we posted that a Montana jury awarded the family of two teens involved in a fatal car crash $240 million in punitive damages because of an alleged manufacturing defect in the steering knuckles of the car’s suspension system.  Last week, the presiding judge affirmed the jury’s award but reduced the punitive damage award to $72,960,012 given that just more than $8 million were...

New York Jury Levies $7 Million Award Against Power Company For Contractor’s Asbestos Exposure

Following a two-week trial, a New York jury on Monday awarded a contractor for a power company $7 million for exposure to asbestos during the construction of a power station.  The verdict was broken up for $3.5 million for past pain and suffering and $3.5 million for future pain and suffering.  According to Law360, the defense argued that the power company did not exercise supervision...

Worker’s LHWCA Claims For Pain And Suffering Not Subject To Maryland’s Noneconomic Loss Cap

Working on a vessel in Baltimore harbor, a longshoreman was attempting to maneuver a forklift around an open hatch but after issues with the machinery’s brakes, the forklift skidded on the deck, fell through the hatch, and severely injured a worker below.  The injured worker filed suit alleging that the companies involved in the operation—the vessel owner and the commercial manager...

Eleventh Circuit Upholds Judgment For Car Manufacturer In Case Involving Fuel Shut-Off Switch

The Eleventh Circuit affirmed a district court’s exclusion of expert witness testimony and a grant of summary judgment for a defendant car manufacturer in a wrongful death action brought by the plaintiff’s estate.  The estate alleged that the car manufacturer’s failure to equip the vehicle with a fuel shut-off switch led to the plaintiff’s fatal brain injury after her car collided with...

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