Defendant company supplies sand for sandblasting to plaintiff’s employer. Plaintiff brought an action against defendant, alleging injury resulting from airborne toxins. Under the component parts doctrine, which states the manufacturer of a component part is not liable for injuries caused by the finished product, the trial court granted summary judgment in favor of defendant. The […]
Two Issues Decided: 1) Sophisticated User Doctrine Not A Complete Defense To Plaintiff’s Failure To Warn Claim; 2) Punitive Damages Issue To Go To Jury.
Plaintiff developed mesothelioma after being exposed to asbestos from brake and clutch repairs while operating services stations for 40 years. He brought an action against multiple defendants, alleging several causes of action. The matter proceeded to trial against Ford Motor Company only. A jury rendered a plaintiff’s verdict on negligence and product liability claims, and […]
Two Issues: Substantial Factor Analysis In Product Case And Whether There Should Be A Setoff Due To Potential For Future Settlements.
Plaintiffs’ decedent died from mesothelioma caused by asbestos exposure. After trial, a jury found defendant was ten percent (10%) responsible for plaintiffs’ damages. On appeal, defendant argued: (1) plaintiffs failed to introduce expert testimony that defendant’s asbestos alone (as opposed to acting in combination with others’ asbestos) constituted a substantial factor in the development of […]
Apportionment Of Fault In Product Liability Trial.
A vehicle traveling at a high rate of speed slammed into a line of vehicles stopped at an intersection, thus propelling a vehicle into the back of plaintiff’s Nissan Frontier pickup truck. The force of the collision caused plaintiff’s seatback to collapse and plaintiff to slide up the seat. Plaintiff’s head struck her vehicle’s back […]
Lack Of Legal Duty Not Fatal To Plaintiff’s’ Claim.
Prior to and during a woman’s pregnancy, the baby’s father worked as an engineer for defendant. The baby was born with a number of birth defects, allegedly caused by the father’s exposure to toxic chemicals at defendant’s facility. The trial court granted summary judgment to defendant on plaintiffs’ claims on the ground defendant owed no legal […]
Part Of Plaintiff’s Failure To Warn Claim Is Preempted; Part Is Not.
Defendant manufactures a medical device, Infuse, used in surgery to strengthen the spines of individuals with degenerated vertebral discs. The Food and Drug Administration [FDA] granted approval for certain types of uses, but not for the type of use performed upon plaintiff, which was a posterior fusion. After plaintiff’s surgery, he suffered numbness and pain, and […]
Strict Construction For Damages.
Plaintiff was severely injured while operating a power press in the manual mode because the material being shaped had to be moved onto and off of the die by hand. The press was equipped with a two-hand activator system for operation in manual mode, and the die would not strike unless the operator used both hands […]
New Trial Granted In Product Liability Case With Sophisticated User Defense.
Plaintiff, a maintenance worker, was using a power drill to drill a hole in a piece of angle iron when the drill bit bound and the drill counter rotated, twisting his arm and causing serious injuries. His theory at trial was that the drill should not have been used without a side handle, and that it […]
Foreign Sovereign Immunities Act (FSIA) Decision Reversed By Ninth Circuit En Banc.
Last year we reported the following: No Jurisdiction. Plaintiff brought an action against an Austrian-owned railway as a result of her attempting to board a moving train in Innsbruck. She purchased a Eurail pass in California from Rail Pass Experts, a company based in Massachusetts. When attempting to board the train, she fell to the tracks through […]
No Double Recovery When Plaintiff Dies After Suing Manufacturer And Son Brings Wrongful Death Claim.
Decedent brought an action against a cigarette manufacturer seeking damages for lung cancer, but died while the verdict was on appeal. In the present case, decedent’s son brought a wrongful death action against the tobacco company for his father’s death and received $12.8 million for loss of consortium. On appeal, the tobacco company contended the trial […]