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Product Liability Law
 
Rukmi Indah Idniarti v. Bell Helicopter Textron, Inc.

In six issues, Appellants Rukmi Indah Idniarti, Rubby Valentina Issakh, Yohannes Roditya, Mulyani Irianti, Dina Novia Sari, Novianti Debby Putri, Drrj Tri

1See Tex. R. App. P. 47.4.

2

Saputra, and Siti Sarah (collectively, Idniarti) appeal the trial court’s no-evidence summary judgment for Appellees Bell Helicopter Textron, Inc. and Bell Helicopter Korea, Inc. (collect... More...
   $0 (05-09-2013 - TX)

Vern Cannon v. MBCI, a division of NCI Group, Inc.

Appellant, Vern Cannon, appeals the trial court’s judgment entered in favor of appellee, MBCI, A Division of NCI Group, Inc., on its claim that he breached a personal guarantee agreement. We affirm.

2

I. BACKGROUND

MBCI manufactures products for constructing metal buildings for commercial, industrial, agricultural, and residential uses. Vern Cannon owns Cannon Storage ... More...
   $0 (05-02-2013 - TX)

Sheldon Guthrie v. Birdbrain, Inc.

Sheldon Guthrie sued Birdbrian, Inc. and Home Depot USA, Inc. d/b/a Home Depot on a wrongful termination theory. The claims made by the plaintiff are not available.

Home Depot appeared and answered as follows:

1. Defendant admits the allegations contained in paragraph 1 of Plaintiffs Petition.

2. Defendant admits the allegations contained in paragraph 2 of Plaintiffs Pe... More...
   $1 (04-26-2013 - OK)

Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Gary Hammerstone v. Indiana Insurance Company

Gary Hammerstone (“Gary”), Susan Hammerstone (collectively “the Hammerstones”), together with Palmor Products, Inc. (“Palmor”), Northhampton Farm Bureau Cooperative Association (“Northhampton”), and Canns-Bilco Distribution, Inc. (“CBD”) (collectively “the Appellants”) appeal the trial court’s order granting summary judgment in favor of Indiana Insurance Company (“India... More...   $0 (04-08-2013 - IN)

Barbara Collins v. Navistar, Inc.

In this strict products liability case, we consider whether the criminal nature of a juvenile‘s act of throwing rocks and concrete from a freeway overpass relieves a truck manufacturer of the duty to design windshields capable of withstanding common road hazards, such as objects hitting windshields. For the reasons that follow, we conclude the criminal nature of the rock throwing does not cut of... More...   $0 (03-29-2013 - CA)

Farmers Insurance Company, Inc. v. Uponor, Inc.

Farmers Insurance Company, Inc. sued Uponor, Inc., R&L Plumbing and Ashton Homes, Inc. on negligence theories claiming:

I.

The Plaintiff, Farmers Insurance Company, Inc. (Hereafter “Farmers”), is a foreign insurance company, engaged in business activities within the State of Oklahoma,

II.

The Defendant, Uponor, Inc., (Hereafter “Uponor”) is a foreign cor... More...
   $1 (03-23-2013 - OK)

Kenneth Badilla v. Wal-Mart Stores East, Inc.

{1} This case requires us to determine whether a complaint based solely on the Uniform Commercial Code’s (UCC) provisions for breach of warranty, but seeking personal injury damages, is a claim under the UCC or a tort claim for personal injury. The determination affects which statute of limitation applies and, thus, whether the claim was properly dismissed as barred under the three-year limit on... More...   $0 (03-11-2013 - NM)

Eric Wyatt v. Security Alarms Co., Inc.

Eric Wyatt, Rebecca Wyatt, Eric & Rebecca Wyatt, DDS, P.C., Eastern Oklahoma Dental Institute, P.C. Access Dental Equipment, LLC sued Security Alarms Co., Inc., Southwest Fire Protection, Inc., The Viking Corporation, Security Alarms Monitoriing Co., LLC, Seneca Fire Engineering, LLC, and Assurance Company of America on products liability theories.

The claims made by parties are not availa... More...
   $1500000 (03-09-2013 - OK)

Susan Ferguson v. Genentech, Inc.

Susan Ferguson, as next of kin of Wanda Parr, deceased, sued Genentech, Inc., Biogen, Inc. and Michael Keefer, M.D. on products liability theories claiming:

1. Wanda Parr is deceased, having departed this life on February 23, 2009.

2. Wanda Parr was a resident of Oklahoma County, Oklahoma.

3. This action is brought pursuant to 12 O.S. § 1054 by Susan Ferguson, surviving... More...
   $0 (03-04-2013 - OK)

George Fleming and Fleming & Associates, L.L.P. v. Sandra Kinney

George Fleming and his law firm, Fleming & Associates, L.L.P., appeal from a judgment against them and in favor of Sandra Kinney, on behalf of Maybell Shelton; Elizabeth Parzanese; Annette Vincent; Annette Ruiz; Carol Martin; Renee Gaona; Helen Smith Blankenship; Lana Herron; Michelle Lindesmith; and Shirley Danford.1 We reverse the trial court’s judgment and remand for proceedings consistent wi... More...   $0 (02-28-2013 - TX)

Edward J. Bylsma v. Burger King Corporation

Plaintiff-Appellant Edward J. Bylsma appealed from a final judgment on the pleadings dismissing his diversity action against Defendants-Appellees Burger King Corp. and Kaizen Restaurants, Inc. (together, “Burger King”).

Bylsma’s complaint stemmed from a March 24, 2009, encounter during which two employees of a Burger King restaurant in Vancouver, Washington, served Bylsma a hamburger ... More...
   $0 (02-13-2013 - OR)

Basic Research, LLC v. Admiral Insurance Company

¶1 Basic Research, LLC, along with related corporations and officers thereof (Basic Research), appeals the district court’s grant of summary judgment in favor of Admiral Insurance (Admiral). Basic Research argues that in finding that Admiral had no duty to defend it against the underlying claims, the district court interpreted provisions of Basic Research’s insurance policy too narrowly. We a... More...   $0 (02-08-2013 - UT)

In re: FOSAMAX PRODUCTS LIABILITY LITIGATION

Linda Secrest appeals from a judgment of the United States District Court for the Southern District of New York (Keenan, J.) granting summary judgment in favor of Merck, Sharpe & Dohme Corp. (“Merck”) and dismissing her products liability claim for failure to provide an adequate warning regarding the risks associated with Fosamax, a prescription drug. In this appeal we consider whether the Dis... More...   $0 (01-30-2013 - NY)

Richard Stengel v. Medtronic, Incorporated

Plaintiffs Richard and Mary Lou Stengel sued Medtronic under state law when a medical device manufactured by Medtronic rendered Richard permanently paraplegic. Medtronic moved to dismiss the Stengels’ complaint, contending that the Medical Device Amendments (“MDA”) to the Food, Drug, and Cosmetic Act (“FDCA”) preempted their state-law claims. The Stengels moved to amend their complaint t... More...   $0 (01-10-2013 - AZ)

In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation

WHEREAS, on November 5, 2009, Seong Bae Choi filed a class action complaint in Seong Bae Choi, et al. v. Toyota Motor Corp., et al., No. 2:09-8143 (C.D. Cal.), alleging, among other things, that Toyota (as defined below) designed, manufactured, distributed, advertised and sold certain automobiles containing an alleged defect that allegedly would allow sudden unintended acceleration of the vehicle ... More...   $1000000000 (12-27-2012 - CA)

Delbert Williamson v. Mazda Motor of America, Inc.

A judge denied a motion to stay or dismiss on the ground of forum non conveniens a product liability action by plaintiffs Delbert Williamson, Alexa Williamson, through Delbert as her guardian ad litem, and the Estate of Thanh Williamson. (Code Civ. Proc., § 410.30, subd. (a); all further statutory references are to this code.) Later, a second judge granted a renewed motion for the same relief and... More...   $0 (12-26-2012 - CA)

Mylan Technologies, Inc. v. Zydus Noveltech, Inc.

This case involves a trade secrets claim between competitors in the generic pharmaceutical industry, and specifically the sub-part of that industry dealing with transdermal drug delivery systems. Plaintiffs Mylan Technologies, Inc. and Mylan, Inc. (collectively, “Mylan”) allege that defendant Dr. Sharad Govil took important trade secrets when he left his position as a senior Mylan executive an... More...   $0 (12-21-2012 - VT)

Casey Beville v. Joseph W. King, III, M.D.

Casey Beville sued Joseph W. King, III, M.D., Elcy John, M.D., and Valleylab, formerly Tyco Healthcare Group, L.P. on medical negligence (medical malpractice) theories claiming:

1. Plaintiff is an individual and a resident of the State of Oklahoma.

2. Defendant Joseph W. King, III, M.D., was at all times material hereto, a medical doctor licensed by the State of Oklahoma holding hims... More...
   $0 (12-16-2012 - OK)

Beacon Residential Community Association v. Skidmore, Owings & Merrill, L.L.P.

Skidmore, Owings & Merrill LLP (SOM) and HKS, Inc. (individually & doing business as HKS Architects, Inc.; hereafter HKS) are design professionals. SOM and HKS (collectively Respondents) provided architectural and engineering services, as well as construction administration and construction contract management, for the Beacon Residential Condominiums—595 condominium units and associated common a... More...   $0 (12-14-2012 - CA)

Henry Ruppel v. CBS Corporation

Henry Ruppel filed suit against CBS in Illinois alleging CBS’s predecessor-in-interest, Westinghouse Corporation, caused the mesothelioma from which he currently suffers. Westinghouse had included asbestos in the turbines it supplied to the United States Navy, and Ruppel was allegedly exposed to it during his Naval service and later when he worked on an aircraft carrier as a civilian. CBS remove... More...   $0 (12-04-2012 - IL)

Clarence Davis, Jr. v. Aetrex Worldwide, Inc.

Appellant, Clarence Davis, Jr., appeals from the trial court’s granting of a no-evidence motion for summary judgment in favor of appellee, Aetrex Worldwide, Inc., and resulting take-nothing judgment. In two issues, Davis contends that the trial court erred in sustaining Aetrex’s objections to the opinions of his expert witness, and that the trial court erred in granting Aetrex’s no-evidence ... More...   $0 (12-03-2012 - TX)

Kolberg-Pioneer, Inc. v. Belgrade Steel Tank Company

Appellant, a Tennessee corporation, was sued in strict liability in Montana federal court for injuries resulting from a silo that it sold. The silo was manufactured by respondent, a Minnesota company. Appellant sought common-law indemnity from respondent in Minnesota state court. The district court determined that Montana indemnity law applied and dismissed appellant’s indemnity claim. Because c... More...   $0 (10-22-2012 - MN)

Dwight G. Purdy v. Deere and Casualty

2 A young child was severely injured when a riding lawnmower driven by
3 her father backed into her. Plaintiff, the child's conservator, brought this product liability
4 action against the lawnmower's manufacturer, Deere and Company, and the company that
5 sold the girl's father the lawnmower, Ramsey-Waite Company. A jury returned a verdict
6 for the defense. Plaintiff appeals, rai... More...
   $0 (10-10-2012 - OR)

Dimitrios Koutsoukos v. Toyota Motor Sales, U.S.A.

The plaintiff, Dimitrios Koutsoukos, administrator of the estate of Melissa A. Koutsoukos (decedent), appeals from the summary judgment rendered by the trial court in favor of the defendants, Toyota Motor Sales, U.S.A., Inc. (Toyota) and Crabtree Motors, Inc. (Crabtree), in this product liability action stemming from a fatal motor vehicle accident. The plaintiff claims that the court erred (1) by ... More...   $0 (08-28-2012 - CT)

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