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Products Liability Law
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:


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.


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)

John Doe v. Wyeth Laboratories

Products liability claim by 51-year-old plaintiff against Wyeth Laboratories for heart valve damage sustained by the plaintiff as a result of taking the "fen phen" diet drug Pondimin. The plaintiff claimed that the recalled drug was defective and unreasonably dangerous as manufactured and sold by Wyeth.... More...   $115000 (11-03-2004 - CA)

Robert Treggett v. Garlock Sealing Technologies and Kelly-Moore Paint

Robert Treggett, age 62, a former nuclear submarine machinist sought compensation based on a products liability theory from Garlock Sealing Technologies and Kelly-Moore Paint for the lung cancer that he developed as a result of exposure to asbestos on a Navy submarine and while re-modeling his house. ... More...   $20500000 (10-27-2004 - CA)

Ida Dupree v. Wyeth Laboratories

Ida Dupreee sued Wyeth Laboratories on a products liability theory for the injuries and damages that she claimed that she sustained as a result of taking Wyeth's "fen-phen" diet drug Pondimin. Wyeth in 1997 recalled Pondimin and a second drug used in the fen-phen diet compound after the appetite suppressants were linked to heart damage. Plaintiff alleged heart valve injury.... More...   $41000 (10-23-2004 - TX)

Ron Arnitz v. Philip Morris USA

Products liability claim by Ron Arnitz against Philip Morris USA for the lung cancer developed by plaintiff as a result of smoking cigarettes manufactured and sold by the defendant was which the plaintiff claimed were defective and unreasonably dangerous. The plaintiff claimed that method used to cure the tobacco, with propane, made the carcinogen found in the cigarettes 10 times more potent. H... More...   $240000 (10-22-2004 - FL)

Jeri McMurdie, et al. v. Wyeth Laboratories

Products liability claims by Jeri McMurdie and three other women claimed that Wyeth Laboratories manufactured and sold fen-phen, a weight loss medicine, which was defective and unreasonably dangerous and that as a direct result of their use of Pondimin, they suffered heart valve damage. The plaintiffs claimed at least $2.1 million in compensatory damages.... More...   $1 (10-07-2004 - PA)

Kelly Jo Davis and Kristy Lynn Davis and the Estate of Sandra M. Davis v. Toshiba Machine Co., America

Products liability for injuries sustained by Sandra M. Davis when her right hand and arm became caught between the rollers of a printing press during her employment at R.R. Donnelley and Sons Inc., Dwight, on March 11, 1996. Ms. Davis was killed in an automobile accident on September 22, 2001 and the case was prosecuted by her children and estate. The plaintiffs claimed that the machine was de... More...   $1397761 (09-21-2004 - IL)

Janusz Dziewiecki v. Wieslaw Bakula, et al.

Janusz Dziewiecki was seriously injured in September 1997 as the result of a swimming pool accident. Alleging various theories of liability, Dziewiecki sued his hosts, Wieslaw and Elizabeth Bakula; the installer and supplier of the pool, Grobels, Inc. (Grobels); and the manufacturer of the pool kit, Fox Pools, Inc. (Fox). In respect of Grobels and Fox, Dziewiecki asserted a product liability cl... More...   $0 (09-04-2004 - NJ)

Estate of Raymundo Barrera v. Titan Tire Corporation

Products liability wrongful death claimed by the family of Raymundo Barrera, age 33, who died after the tractor tire he was airing up explosed. The plaintiffs claimed that the fire was defective and unreasonably dangerous because it failed to have warnings written in Spanish on it explaining how to held the tire safely even though Titan Tire Corporation knew or should have known that the tire ... More...   $0 (09-02-2004 - TX)

Mark Hagen v. Fox Nutrition Inc.

Mark Hagen brought this products liability suit against Fox Nutrition, Inc. of Los Angeles claiming that they Dymetadrine Xtreme dietary supplement that it manufactured and sold was defective and unreasonably dangerous to consumers. On February 11, 2002, after taking the supplement for a year and a half, Hagen, age 42, suffered a massive hemorrhagic stroke that left him unable to walk without ... More...   $4100000 (08-27-2004 - CA)

Damon Steele, individually and as Natural Guardian and Next Friend of Denver John Steele, a minor v. Evenflo Company, Inc., Spalding & Evenflo Companies Inc., and Patricia Mullins

Damon Steele ("Plaintiff"), as next friend and father of Denver John Steele ("D.J."), appeals from the trial court's order granting Defendants Evenflo Company, Inc. and Spalding Sports Worldwide (" Defendants") Motion for New Trial. (FN1) Concluding that the trial court exceeded its jurisdiction when it relied wholly on grounds not specifically asserted in Defendants' Motion for New Trial, we reve... More...   $8500000 (08-24-2004 - MO)

Jean Miller, individually and on behalf of the Estate of Robert H. Miller v. Ford Motor Company

Products liability claim against Ford Motor Company for injuries sustained by the plaintiffs as a result of an SUV rollover accident. Miller was on his way home from his roofing job and was wearing his seatbelt and a hardhat when a tire's tread separated.... More...   $2500000 (08-20-2004 - FL)

Edith Morgan, et al. v. General Motors Corporation and Royal Ventu

Wrongful death products liability claimed by the Edith Morgan, the mother of Derrick Thomas, who claimed that the 1999 Chevy Suburban that Thomas was driving on January 23, 2000 was defective and unreasonably dangerous because its roof was too weak. She claimed that, as direct a result, the roof collapsed when the vehicle it rolled over. Thomas' back was broken paralyzing him and causing his... More...   $0 (08-18-2004 - MO)

Jessica DeLeon v. Northrop Grumman Systems Corp.

Products liability claim by Jessica DeLeon against Northrop Grumman Systems Corp. for injuries sustained by DeLeon when the fire truck that she was involved in operating shifted into gear and pinned her against a steel post. She claimed that a defective design on the truck permitted it to shift unexpectedly when the pump was activated. The design was called into question in the mid-1980s by th... More...   $1530000 (08-06-2004 - NM)

Rhonda Istnick and Henry Clepper v. Wyeth, et al.

Products liability claim by two former users of Pondimin who claimed that they sustained heart value damage as a result of taking the Wyeth Laboratories diet durgs. The specifics of the claims made and defenses asserted are not available.... More...   $48000 (07-28-2004 - PA)

Chief Industries, Inc., a Delaware corporation v. Great Northern Insurance Company.

Chief Industries, Inc. (Chief), filed a declaratory judgment action pursuant to Neb. Rev. Stat. § 25-21,149 et seq. (Reissue 1995) against Great Northern Insurance Company (Great Northern) in the district court for Hall County. Chief sought a declaration that Great Northern had an obligation pursuant to an insurance policy issued to Chief to provide coverage and to defend Chief in a lawsuit filed ... More...   $44507 (07-23-2004 - NE)

Margaret Phillips, Personal Representative of the Estate of Regeana Diane Hervey, Deceased v. Mirac, Inc.

In this case, we granted leave to appeal to consider whether MCL 257.401(3), which caps the amount of a lessor's liability in motor vehicle leases of thirty days or less, violates plaintiff's rights under the Michigan Constitution to a jury trial,1 equal protection,2 or due process.3 We

1 Const 1963, art 1, § 14.

2 Const 1963, art 1, § 2.

3 Const 1963, art 1, § 17. hold that ... More...   $20000 (07-07-2004 - MI)

Velma Ingalls, et al. v. International Flavors and Fragrances Inc. and Bush Boake Allen Inc.

Products liability claims by four plaintiffs who claimed that they contracted bronchiolitis obliterans as a result of exposure to a butter flavoring manufactured and sold by Bush Boake Allen Inc., a subsidiary of International Flavors and Fragrances Inc. They claimed that the butter flavor used in the factory where they worked was defective and unreasonably dangerous and that as a direct result o... More...   $0 (06-29-2004 - MO)

Jeff Easum and Lynn Easum v. Clay Miller d/b/a Prime Power * Communications, LLC

[1] The primary issue in this appeal is the reliability of the differential diagnosis technique for determining general and specific causation in a general negligence action. Differential diagnosis determined that the severe illness suffered by Appellant Jeff Easum (Easum) was caused by numerous electrical shocks that he received while working on his family-owned dairy. In a summary judgment rulin... More...   $0 (06-25-2004 - WY)

Rhea McAllister v. Metabolife International Inc.

Products liability claim by 35-year-old Rhea McAllister who suffered a stroke after taking Metabolife 356, a supplement containing ephedra. She claimed that the product manufactured and sold by Metabolife International Inc. was defective and unreasonably danagerous and that it caused the stroke that she suffered in 2002. McAllister bought the dietary supplement in an effort to burn off weigh... More...   $2700000 (06-24-2004 - TX)

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