Products Liability | Virginia Lawyers Weekly

No ‘Fraudulent Joinder’ in Auto Accident Case

By Deborah Elkins
Published: May 24, 2012
Tags: Judge James C. Turk, Products Liability, U.S. District Court - Western District

In plaintiff’s suit alleging severe and permanent injuries after she swerved in her 1995 Mazda Miata to avoid an object in the road and the vehicle turned over because the vehicle allegedly failed to provide “reasonable occupant protection in the event of a rollover accident,” the Roanoke U.S. District Court remands the case to state [...]

Plaintiff fell from platform while attempting to extinguish fire – Confidential Settlement

By Virginia Lawyers Weekly
Published: April 16, 2012
Tags: Personal Injury, Products Liability, Wise County Circuit Court

Plaintiff was a 56-year-old heavy equipment operator. He had approximately 30 years of experience operating large bulldozers. On the night of the incident, plaintiff was pushing shot at a coal mine with a Caterpillar D10T bulldozer, when the bulldozer caught fire. Plaintiff trammed the machine to a level area and turned it off. Plaintiff went [...]

Court Denies Costs for Defense Win

By Deborah Elkins
Published: April 6, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this unsuccessful products liability suit against the manufacturer of a child safety seat, the Abingdon U.S. District Court exercises its discretion to deny defendant’s request for costs under Fed. R. Civ. P. 54(d)(1).
Defendant seeks $51,237, representing court reporter fees and fees for subpoenas, printing and photocopies, among other things. Plaintiff makes specific objections to [...]

No New Trial in Car-Seat Case

By Deborah Elkins
Published: April 2, 2012
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this products liability suit filed by the family of a young girl who suffered permanent brain injury and who alleged the child struck her head on the front edge of defectively designed car seat, the Abingdon U.S. District Court denies plaintiff’s motion for a new trial after the jury delivered a verdict for defendant.
Plaintiff [...]

Supplier Can’t Pull in Manufacturer

By Deborah Elkins
Published: February 16, 2012
Tags: Judge Raymond A. Jackson, Products Liability, U.S. District Court - Eastern District

In this products liability suit alleging injury from use of a defective shower chair, a Newport News U.S. District Court accepts a magistrate judge’s recommendation and dismisses for lack of personal jurisdiction defendant medical supply company’s third-party complaint filed against two Florida defendants for breach of warranty and equitable indemnity.
The 4th Circuit has articulated that, [...]

Tort Claim for Medication Pump Preempted

By Deborah Elkins
Published: February 1, 2012
Tags: 4th U.S. Circuit Court of Appeals, Judge Allyson K. Duncan, Products Liability

The 4th Circuit upholds the district court decision that plaintiff has no common law tort claim against defendant Medtronic, maker of the allegedly defective SynchroMed pump for delivery of medication through a catheter, as her claim is preempted by the Medical Device Amendments of 1976 and regulations which provided for premarket approval by the federal [...]

Car-Seat Discovery Sanction Upheld

By Deborah Elkins
Published: November 3, 2011
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

An Abingdon U.S. District Court upholds the magistrate judge’s discovery sanction that precludes defendant car-seat manufacturer from offering evidence as to why it chose not to add foam to the head-area side wings of the child car seat that is the alleged defective product in this personal injury case.
After review of the magistrate judge’s memorandum [...]

Two-Year Limitations Bars Hip Replacement Claim

By Deborah Elkins
Published: October 28, 2011
Tags: Judge Anthony J. Trenga, Products Liability, U.S. District Court - Eastern District

The Alexandria U.S. District Court dismisses a removed diversity action against hip replacement manufacturers as barred by Virginia’s two-year statute of limitations; equitable estoppel does not apply because patient waited more than two years after a product recall.
In September 2005, patient had a total right hip replacement surgery. An orthopedic implant manufactured [...]

No Spoliation Dismissal for Destroyed Van

By Deborah Elkins
Published: October 27, 2011
Tags: Judge James P. Jones, Products Liability, U.S. District Court - Western District

In this product liability suit alleging a defective car seat manufactured by defendant gave rise to a five-year-old child’s brain injury from an auto accident, the Abingdon U.S. District Court denies the manufacturer’s request to dismiss the suit due to spoliation of evidence because the vehicle in which the child was a passenger was allowed [...]

No Chinese Drywall Claims Against Agent, Supplier

By Deborah Elkins
Published: October 21, 2011
Tags: Judge Rodham T. Delk Jr., Products Liability, Suffolk Circuit Court, Virginia Circuit Courts

Plaintiffs alleging injuries from defective Chinese drywall used in their home built in 2007 have not stated claims for breach of contract, negligence or violations of the Virginia Consumer Protection Act against the realty company that listed the house or the supply company that sold some of the drywall used in the home; the Suffolk [...]

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