Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
Posted on Sep 5, 2014 in Construction, Investigations, Product Liability | Comments Off on Fire Hose Manufacturer Obtains Summary Judgment On Design Defect Claims Following Fatality
The U.S. District Court for the District of Massachusetts granted summary judgment to the manufacturer of a fire truck on claims that the truck was defective because it was not equipped with a net restraint that could have prevented the escape of a hose from the bed of the truck. The hose had come loose while the truck was moving and the hose’s nozzle struck and killed a pedestrian...
Pennsylvania Court Reverses $2.5 Million Jury Verdict Against Utility For Painter’s Injuries From Fall
Posted on Sep 3, 2014 in Investigations, Product Liability | Comments Off on Pennsylvania Court Reverses $2.5 Million Jury Verdict Against Utility For Painter’s Injuries From Fall
Last week, the Superior Court of Pennsylvania reversed a jury verdict against a utility of nearly $2.5 million for injuries a painting contractor’s employee sustained when he fell 40 feet while painting an electric transmission pole. The painting contractor had provided the worker with a pole belt, a body harness, and two lanyards, but the worker was using only the pole belt and one...
Brand-Name Drug Manufacturer Liable For Personal Injuries Caused By Generic Drugs Manufactured By Different Company In Alabama
Posted on Aug 25, 2014 in Construction, Product Liability | Comments Off on Brand-Name Drug Manufacturer Liable For Personal Injuries Caused By Generic Drugs Manufactured By Different Company In Alabama
The Supreme Court of Alabama held last week that under Alabama law, a brand-name drug company can be held liable for fraud or misrepresentation based on statements made in connection with the manufacture of a brand-name prescription drug by a plaintiff claiming physical injury cause by a generic drug manufactured by a different company. In an opinion that most would consider an...
Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Posted on Aug 21, 2014 in Construction, Product Liability | Comments Off on Fifth Circuit Affirms Product Liability Verdict Against Elevator Manufacturer
Applying the Mississippi Products Liability Act, the Fifth Circuit affirmed a verdict in favor of plaintiffs against the manufacturer and installer of a residential cargo elevator on defective design and failure to warn claims. Following a three-day bench trial, the district court found that the output shaft of the elevator’s gear sheared from metal fatigue caused by the misalignment...
North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer
Posted on Aug 20, 2014 in Construction, Product Liability | Comments Off on North Carolina Federal Court Dismisses Product Liability Action Against Herbicide Manufacturer
The U.S. District Court for the Middle District of North Carolina dismissed a pro se plaintiff’s action against a herbicide manufacturer, which alleged that the plaintiff was injured and his employer’s property was damaged when a pump sprayer filled with the herbicide ruptured. The complaint asserted claims for negligence, negligent misrepresentation, fraud, strict liability...
Case Against Combine Manufacturer Withstands Summary Judgment; Plaintiff’s Inability to Recall Events Not Enough To Exclude Evidence
Posted on Aug 18, 2014 in Construction, Investigations, Product Liability | Comments Off on Case Against Combine Manufacturer Withstands Summary Judgment; Plaintiff’s Inability to Recall Events Not Enough To Exclude Evidence
Plaintiff was seriously injured when he came into contact with a sheave near a combine’s gear shift lever while helping his grandfather operate a combine used to harvest soybeans. While the plaintiff could not recall the events of the day he was injured, and while his grandfather did not see the injury occur, the grandfather was allowed to testify that the plaintiff was moving in the...
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