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Products Liability Law
 
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)

Estate and Family of James Mikolajczyk v. Ford Motor Company

The Estate and Family of James Mikolajczyk, age 46, sued Ford Motor Company on a wrongful death products liability theory claiming that the Ford Escort that he was driving at the time of the accident that caused his death was defective and unreasonably dangerous because the seat was so weak that it would fail in a reasonably anticipated rear-end impact. They claimed that happened when mr. Mikol... More...   $27000000 (03-18-2005 - IL)

Family and Estate of Timothy Shawn Bostic v. Georgia-Pacific Corp.

The Family and Estate of Timothy Shawn Bostic sued Georgia-Pacific Corp. on a products liability theory claiming that Mr. Bostic developed asbestosis as a result of exposure to asbestos containing joint compound manufactured by sold by Georgia-Pacific. The plaintiffs claimed that Georgia-Pacific failed to warn that its joint compound product contained asbestos and was unreasonably dangerous. In... More...   $9300000 (03-15-2005 - TX)

Eugenio Paul Feliciano v. Toyota Industrial Equipment Manufacturing Inc.

Eugenio Paul Feliciano sued Toyota Industrial Equipment Manufacturing Inc. on a products liability theory for the injuries and damages that he sustained as a direct result of having one of his legal amputated below the knee following an accident in which a tire on his forklift split and the vehicle toppled over, fell on him and crushed his leg in January 2003. Feliciano claimed that the Toyota ... More...   $1800000 (03-03-2005 - CA)

Truck Insurance Exchange v. Magnetek, Inc.

On November 9, 1998, a fire destroyed Sammy's Restaurant in Lakewood, Colorado. In this subrogation case, plaintiff Truck Insurance Exchange claims that a flourescent light ballast manufactured by defendant MagneTek, Incorporated, caused the fire, and seeks to recover over $1.5 million paid out to Sammy's. The district court's jurisdiction was based on diversity between Truck, a California corp... More...   $0 (02-24-2005 - CO)

Oklahoma Farmers Union Mutual Insurance Company and David and Brenda McGuire vs. The Maytag Corporation

Products liability action. Fire completely destroyed the home and contents of David and Brenda McGuire in December of 1999. They were underinsured and jointly brought this action/subrogation action with their homeowners insurance carrier against Maytag arguing that a defective electric dryer caused the fire. Maytag vigorously defended against the liability claim.... More...   $174000 (02-17-2005 - OK)

In re: Firearms Case

A number of California cities and counties filed an action on behalf of the general public against manufacturers, distributors and retailers of handguns and their trade associations, asserting that their conduct of distributing firearms in a manner that enables criminals to acquire the firearms constituted a public nuisance and a pattern of unlawful, unfair and deceptive business acts and... More...   $0 (02-11-2005 - CA)

Dee Norris v. Baxter Healthcare Corporation

This case involves Plaintiff's claims of systemic disease allegedly caused by a silicone gel breast implant Plaintiff received in 1974. The implant at issue was manufactured by Defendant's predecessor. In 1970, Plaintiff underwent bilateral breast augmentation surgery and received her first set of silicone gel and saline filled breast implants manufactured by a division of Dow Corning Corporati... More...   $0 (02-08-2005 - CO)

Sigmund Lefkovitz, et al. v. Nathan Wagner, et al.

Before us is a multifaceted challenge to the confirmation of an arbitration award. We omit many details in the interest of simplicity. In 1990, six individuals who had been working together for many years in the real estate business created a partnership that they called "Jarnis." Each took an equal share in the partnership, although each one-sixth share was divided in turn among the act... More...   $7000000 (01-29-2005 - IL)

Marcos Rangel v. Robert Lapin, et al.

Appellant Marcos Rangel sued appellees Robert Lapin, the law firm of Carrigan, Lapin, Landa & Wilde, L.L.P., and its related entity Carrigan, Lapin & Landa, L.L.P. (collectively the "Lapin firm"). The lawsuit alleges: (1) legal malpractice (negligence), (2) breach of contract, (3) breach of warranty, (4) gross negligence, (5) violations of the Texas Deceptive Trade Practices-Consume... More...   $0 (01-14-2005 - TX)

Lorraine Gordon v. Wyeth Pharmaceuticals

Lorraine Gordon sued Wyeth Pharmaceuticals on a products liability theory claiming that Pondimin, the fenfluramine half of diet drug combo fen-phen, which was pulled from the market in 1997 amid evidence it caused heart-valve damage caused damage to her heart valves.... More...   $2500000 (01-05-2005 - PA)

Indemnity Insurance Company of North America, et al. v. American Aviation, Inc.

The Eleventh Circuit Court of Appeals certified the following five questions of Florida law that are determinative of a cause pending in that court and for which there appears to be no controlling precedent:

1. WHETHER THE "ECONOMIC LOSS" DOCTRINE OF FLORIDA APPLIES TO ALLEGED TORTS IF THE DEFENDANT HAS PROVIDED SERVICES TO A PRODUCT RATHER THAN HAS SOLD A PRODUCT.

2. WHETHER THE... More...   $1 (12-23-2004 - FL)

John Budler and Linda Budler, Copersonal Representatives of the Estate of Andrew Budler, deceased, appellees, v. General Motors Corporation, appellant.

The U.S. Court of Appeals for the Eighth Circuit has certified the following question to this court: "Is the ten-year statute of repose for products liability actions in Neb. Rev. Stat. § 25-224(2) (1995), tolled by a person's status as a minor, pursuant to Neb. Rev. Stat. § 25-213?" We accepted the certification request.

FACTS

In accordance with Neb. Rev. Stat. § 24-221 (Re... More...   $0 (12-17-2004 - NE)

Barry Muth and Dee Ann Muth v. Ford Motor Company

Products liability claims by Barry and Dee Ann Muth against Ford Motor Company relating to spinal cord injuries sustained by Mr. Muth in an accident in Saudi Arabia in which the 1996 Ford Crown Victoria in which the vehicle rollover. The claimed that the roof of the vehicle was defective and unreasonably dangerous because it was not sufficiently strong to withstand a reasonably foreseeable rol... More...   $8700000 (12-09-2004 - TX)

Fred D. Bitler, et al. v. A.O. Smith Corporation, et al.

Danger lurked in Fred and Peggy Bitler's basement, liability for which is the occasion for the present appeal. Mr. Bitler was severely burned when a gas explosion occurred in the basement of his home. On filing a products liability suit against, inter alia, White-Rodgers as manufacturer of the gas control installed in his basement water heater, a jury returned a verdict finding negligence and ... More...   $0 (12-06-2004 - CO)

Jonathan Shaffer v. American Lifts

The family and estate of Jonathan Shaffer, age 19, sued American Lifts on a products liability theory for his wrongful death. Mr. Shaffer had been working at Premodor, Inc. for just three weeks. Debris from Premodor's door manufacturing process had accumulated in a five-foot-deep pit. Mr. Shaffer shut down a hydraulic scissor lift manufactured by American Lifts that was used to lower doors i... More...   $2500000 (11-19-2004 - AL)

Leesa Bunch, a minor, etc. v. Hoffinger Industries, Inc., et al.

One hot summer day, 11-year-old Leesa Bunch (Bunch) dove into a four-foot deep, aboveground swimming pool and changed her life forever. Rendered quadriplegic by the dive, Bunch eventually filed suit against, among others, defendants Hoffinger Industries, Inc., doing business as Doughboy Recreational Company, and Golden West Marketing, Inc. (collectively Hoffinger). Hoffinger manufacture... More...   $16112306 (11-10-2004 - CA)

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