California Federal Court Allows Plaintiffs To Reassert Products Liability Claims Despite Conflicting Admission
Posted on Jun 20, 2014 in Product Liability, Transportation | Comments Off on California Federal Court Allows Plaintiffs To Reassert Products Liability Claims Despite Conflicting Admission
In 2011, a U.S. marine died from injuries sustained in a helicopter accident allegedly caused by faulty wiring to the landing gear. The marine’s family brought various claims against numerous defendants, including a company responsible for maintaining the helicopter. The complaint included ordinary negligence claims as well as product liability claims based on manufacturing and...
Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
Posted on Jun 15, 2014 in Construction, Product Liability | Comments Off on Supreme Court of Texas Finds Purchasers of Used Goods Can Recover on Implied Warranty Claims in Case That Highlights Risk of Failing To Plead Affirmative Defenses
In Texas, the resale of a used good does not automatically terminate any remaining implied warranty obligations, according to the Supreme Court of Texas in a recent decision involving an engine manufacturer. The court reiterated that if a manufacturer disclaims implied warranties, which Texas law permits, such express language necessarily would apply to subsequent purchasers beyond...
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...
Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
Posted on Jun 14, 2014 in Litigation, Product Liability, Transportation | Comments Off on Massachusetts Holds Automotive Manufacturer Owes Duty To Defend Dealer Only for Claims Alleging Manufacturer Was Sole Cause of Defective Motor Vehicle
The Supreme Judicial Court of Massachusetts confronted yesterday under what circumstances a motor vehicle manufacturer owes a duty under Massachusetts law to defend a motor vehicle dealer against a claim “predicated upon the negligent design or manufacture of a new motor vehicle, or any part or component thereof?” The court had to interpret the state’s law that provides for...
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...
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