Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
Posted on May 20, 2014 in Construction, Product Liability | Comments Off on Failure To Warn Claims (But Not Design Defect Claims) Against Pressure Washer Manufacturer Can Proceed to Jury
In litigation arising from an allegedly defective gasoline-powered pressure washer that caused a large fire in Kansas in 2010, the U.S. District Court for the District of Kansas granted summary judgment to the defendant manufacturer on the plaintiffs’ design defect and manufacturing defect claims, but allowed the failure to warn claims to proceed to the jury. The parties agreed that...
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...
Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
Posted on May 19, 2014 in Energy/Environmental, Investigations, Product Liability | Comments Off on Landowners’ Punitive Damage Claims Based on Drilling Activities Allowed To Proceed in Oklahoma
The U.S. District Court for the Western District of Oklahoma denied an oil and gas company’s motion for summary judgment that sought to eliminate the plaintiffs’ punitive damages claims. The plaintiffs alleged property damage based on multiple discharges of oil and gas onto their property from the oil and gas company’s neighboring drilling operations. The company admitted to at least...
Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Posted on May 16, 2014 in OSHA, Product Liability, Transportation | Comments Off on Railroad Ordered To Reinstate and Pay Worker $244,000 After Alleged Termination for Failure To Perform Required Inspection Because of Hazardous Safety Conditions
Following an inspection, OSHA has ordered a railroad to reinstate a conductor and pay him more than $244,000 in back wages and damages following his termination for allegedly failing to perform an inspection of a passing train under hazardous safety conditions. The damage award includes $100,000 in punitive damages in addition to reasonable attorneys’ fees. The conductor allegedly...
Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
Posted on May 15, 2014 in OSHA, Product Liability, Workplace Safety | Comments Off on Eleventh Circuit Holds Jones Act Seaman Cannot Recover for Injuries Caused By Work-Related Stress
According to the Eleventh Circuit, the Jones Act does not allow a seaman to recover for injuries caused by work-related stress because it is not a “physical peril” under the Act. This ruling vacated a $590,574.57 judgment in which a jury found that a chief mate and manager of a commercial vessel was entitled to compensation for physical injuries that he sustained as a result of...
Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Posted on May 15, 2014 in Investigations, Product Liability, Transportation | Comments Off on Significant Punitive Damage Award Levied Against Car Manufacturer in Montana
Yesterday, 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. At trial, the manufacturer argued that the crash occurred because the teens were lighting fireworks in the car while the plaintiffs blamed the allegedly defective...
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