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Products Liability Law
 
Joseph Heard v. Government of the District of Columbia, et al.

Under the terms of two settlements announced today, the District of Columbia has agreed to pay Joseph S. Heard $1.1 million, and a private medical service provider hired by the District has agreed to pay Mr. Heard an undisclosed, but significant, additional amount. The awards will be held in a Trust, providing lifetime support for Mr. Heard.

Mr. Heard was illegally held in the D.C. ... More...   $1100000 (08-04-2005 - DC)

Thera Oleta Lavelock, et al. v. Cooper Tire & Rubber Company, et al.

Cooper Tire & Rubber Co. ("Cooper Tire") appeals the judgment entered following a settlement agreement it reached with Rodger and Thera Oleta Lavelock ("Customers") in a products liability lawsuit. This Court, on its own motion, transferred this appeal from the court of appeals prior to opinion. (FN1) Mo. Const. art. V, sec. 10. The judgment, as modified, is affirmed.

I. Background

Coop... More...   $1 (08-02-2005 - MO)

Susan Calles, etc., et al. v. Scripto-Tokai Corporation, et al.

This case presents a straightforward question concerning the reach of tort law. When the defendant designed a product intended to create a flame, it did not incorporate available inexpensive technology to make the product child-resistant. A child got hold of the product and started a fire that led to her sister's death. Should the court consider the design defective because it lacked child-resi... More...   $0 (07-28-2005 - IL)

Christopher Cowan v. M&W Gear Company, d/b/a Alamo Group and Haven Steel Products

Christopher Cowan sued M&W Gear Company, d/b/a Alamo Group and Haven Steel Products on a products liability claiming that he nearly lost his left leg in a riding mower accident in July 2002 when the blade on the rotary mower he was riding snapped and struck below his left knee cap. Cowan was stepping off of the mower when the incident occurred. Alamo and M&W designed the unit, and Haven perfor... More...   $6000000 (07-18-2005 - KY)

Cowan v. Alamo Group, et al.

Christopher and Cortney Cowan sued M&W Gear Company, d/b/a Alamo Group and Haven Steel Products on a products liability claiming that Chris Cowan nearly lost his left leg in a riding mower accident in July 2002 when the blade on the rotary mower he was riding snapped and struck below his left knee cap. Cowan was stepping off of the mower when the incident occurred. Alamo and M&W designed the bl... More...   $5900000 (07-16-2005 - KY)

Ralph Pierce v. Certainteed Corporation

Ralph Pierce, age 70, sued Certainteed Corporation on a products liability theory for the damages and injuries he claimed that he sustained from developing colon cancer as a direct result of being exposed to asbestos containing products manufactured and sold by the defendant. Pierce worked for the West Contra Costa County Wastewater District from 1972 through 1997 where he worked with asbestos–... More...   $3800000 (06-01-2005 - CA)

Dixie McFadden, et al. v. Dryvit Systems, Inc.

This case presents a question of law certified to this court by the United States District Court for the District of Oregon. See generally ORS 28.200 to 28.255; Western Helicopter Services v. Rogerson Aircraft, 311 Or 361, 364-71, 811 P2d 627 (1991) (setting out and explaining certification process). The certified question asks whether a 2003 amendment to ORS 30.905, which revives certain pro... More...   $0 (05-31-2005 - OR)

DANIEL T. SMITH, Individually and as Executor of the ESTATE OF NORA ROBERTSHAW CONTROLS COMPANY, AMERICAN WATER HEATER COMPANY, and AMERIGAS PROPANE, L.P.

This personal injury case stems from a horrific accident in which plaintiff-appellant Daniel Smith was badly burned while attempting to light a propane water heater in his basement, allegedly due to a faulty control valve. Smith sued the company that made the control (Robertshaw Controls Company), the company that made the water heater (American Water Heater Company), and the company that suppl... More...   $0 (05-31-2005 - MA)

Margie Paul and Elaine Karician v. Wyeth Laboratories, et al.

Margie Paul and Elaine Karician brought suit against Wyeth Laboratories on products liability theories claiming that Wyeth's fen-phen diet drugs, Pondimin or Redux drugs and the generic drug phentermine, were defective and unreasonably dangerous and, as a direct result of taking the drug, they both sustained heart damage.

Wyeth removed the diet drugs Pondimin and Redux from the market in 1... More...   $200000000 (05-28-2005 - PA)

Cortez Strong v. American Cyanamid Company, et al.

Cortez Strong sued American Cyanamid Company on a products liability claiming that the polio vaccine manufactured and sold by it was defective and unreasonably dangerous and, as a direct result, Mr. Strong contracted polio and was injured and damaged. He also sued Dr. Georgia Santo-Jawaid, his pediatrician for medical malpractice. Strong, who contracted polio from the vaccine as an infant, was... More...   $8500000 (05-27-2005 - MO)

Katherine A. Ellis, et al. v. AAR PARTS TRADING INC., f/k/a AAR Aircraft & Engine Group, Inc., and FLEET BUSINESS CREDIT, LLC, etc.

These consolidated appeals arise out of two lawsuits filed in the trial court on behalf of 113 plaintiffs who were Philippine decedents who died as a result of a plane crash on April 19, 2000, in the Philippines. The defendants, AAR Parts Trading, Inc. (hereinafter AAR), a parts company, and Fleet Business Credit, LLC (hereinafter Fleet), a financing company, filed motions to dismiss predicated... More...   $0 (05-20-2005 - IL)

Charlotte Cordova v. 21st Century Insurance Company

Under Code of Civil Procedure section 340.91 certain victims of the Northridge earthquake whose insurance claims would otherwise have been barred by the limitations period in Insurance Code section 2071 received an additional one-year period from January 1, 2001 to December 31, 2001 in which to file a claim or commence an action on the policy. The issue before us is whether, with the expi... More...   $0 (05-11-2005 - CA)

Wayne and Gayle Huston v. Landmark Services Cooperative

Wayne and Gayle Huston sued Landmark Services Cooperative on a products liability theory claiming that contaminated feed sold to me by the defendant killed 11 of their Belgian draft horses. They claimed that in August 2003 eleven of their horses died and three others survived but suffered permanent heart problems after they ate feed that contained traces of monensin, a calf feed that is deadly... More...   $315000 (05-11-2005 - WI)

Daniel and Carole Burke v. Sears Roebuck and Company

Daniel and Carole Burke sued Sears Roebuck and Company on a products liability theory for the $72,000 in damages that their house sustained as a result of a water leak that occurred in their kitchen during an extended vacation in Florida. When they returned they found the interior of their home wet and full of mold. They claimed that an Eco water filter that they had purchased and installed u... More...   $0 (05-05-2005 - OK)

Isabel Vega v. Wyeth Corp

Isabel Vega sued Wyeth Corp on a products liability theory for the heart-valve damage that she claimed that she sustained as a result of taking the dietary drug Pondimin(fen-phen) manufactured and sold by Wyeth.

Wyeth denied that the plaintiff's alleged damages and injures were caused by the medication.... More...   $0 (04-30-2005 - TX)

Giacomo Lijoi a/k/a "Chef Jock" v. General Motors Corporation

Giacomo Lijoi a/k/a "Chef Jock" sued General Motors Corporation on a products liability theory for the injuries he sustained in an accident in August 2001. He cliamed that the safety restraint system in the 11996 Pontiac Grand Am that he was driving was unreasonably dangerous and defective with the result that he sustained a spinal cord injury that left him paralyzed. Lijoi also claimed that G... More...   $0 (04-29-2005 - TN)

Glen Blue v. Environmental Engineering, Inc., et al.

This case presents the questions of whether (1) the risk-utility analysis normally used in strict products liability cases is applicable to defective product design cases involving only a negligence theory of recovery; and (2) a special interrogatory, asking if the danger posed by the product was open and obvious, was properly read to the jury.

Plaintiff, Glen Blue, filed a complaint in t... More...   $795000 (04-23-2005 - IL)

Bruce E. Coolidge v. Philip Morris USA

Bruce Coolidge, age 51, sued Philip Morris USA on a products liability and fraud theories for the injuries and damages he sustained as a result of developing lung cancer from smoking Marlboro cigarettes. Coolidge began smoking at age 12 Coolidge began smoking when he was 12, accused Philip Morris of distorting the health risks and addictive properties of smoking.

Philip Morris claimed tha... More...   $0 (04-23-2005 - CA)

Jason Durham v. Herbert Olbrich GMBH & Co. KG,

While performing his job for Armstrong World Industries at Armstrong's vinyl flooring manufacturing plant in Stillwater, Oklahoma, plaintiff-appellant Jason Durham was severely burned after becoming entangled in linoleum webbing being drawn onto a hot oil drum. Although Durham's accident occurred in 2001, the plant equipment had been installed in 1987. The district court granted summary judgmen... More...   $0 (04-20-2005 - OK)

Dora Jablonski individually and on behalf of the Estate of John Jablonski v. Ford Motor Company

Dora Jablonski sued Ford Motor Company individually and on behalf of the estate of her deceased husband for the injuries she sustained and for her husband's death on a products liability theory after their 1993 Lincoln Town Car caught on fire and burned in July 2003 near Granite City, Illinois. The Plaintiff claimed that the vehicle was defective and unreasonably dangerous because the fuel tan... More...   $43800000 (04-20-2005 - IL)

Six Plaintiff v. Roman Catholic Diocese of Phoenix, Ford Motor Company and Michelin North America Inc.

Six women in their early 20s sued the Roman Catholic Diocese of Phoenix, Ford Motor Company and Michelin North America Inc. on negligence and products liability theory for the injuries they sustained when a rear tire on the 15-passenger van in which they were passengers blew out and rolled over while they were returning from a religious retreat in 2003. They claimed that the driver of the ve... More...   $2400000 (04-05-2005 - CA)

Zachary Strickland v. Ford Motor Company

Zachary Strickland sued Ford Motor Company on a products liability theory claiming the Ford F-150 pickup truck that he was driving was defective and unreasonably danager in the way that it was designed and manufactured by Ford with the direct result that the driver's side door came open during an accident ejecting plaintif was the result that he was injured and rendered a quadriplegic. Strickla... More...   $1 (03-29-2005 - SC)

Norma Rose v. Philip Morris and American Tobacco

Norma Rose, age 72, sued Altria Group's Philip Morris and American Tobacco in 1996 on a products liability failure to warn theory claiming that smoking caused her lung cancer and that the companies failed to warn her of the dangers of cigarettes. ... More...   $20500000 (03-29-2005 - NY)

Richard Brand and Lana Brand v. International Flavors

Richard Brand and Lana Brand sued International Flavors on a products liability theory for the injuries and damages to Richard's lungs caused by butter-flavoring fumes that he inhaled while working for Gilster-Mary Lee Corp. at its popcorn plant in Jasper, Missouri. The plaintiff claimed that the butter-flavoring chemicals manufactured and sold by International Flavors were unreasonably danger... More...   $15000000 (03-27-2005 - MO)

Scott Duncan, individually and on behalf of the Estate of Claire Duncan v. Ford Motor Company

Scott Duncan sued Ford Motor Company on a products liability theory for the wrongful death of his wife Claire, who was killed in a rollover accident in May 2001 after she swerved to avoid a merging Winnebago on I-95. The couple's 2000 Ford Explorer, which had about 13,000 miles on it, rollover over five time, landing right-side up. Claire's skull was crushed. Scott claimed that the Explorer i... More...   $10000000 (03-22-2005 - FL)

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