Robert Benedict, the plaintiff, had been employed as a commercial truck driver for a company named Essex Concrete. On Nov. 14, 2014, plaintiff departed on his route for the day, which involved driving a fully loaded cement mixer to a ...

Tagged with: Judge Robert E. Payne Million-Dollar Verdicts Products Liability U.S. District Court - Eastern District

The defendants were not entitled to reconsideration of the court’s decision to grant summary judgment to the plaintiff on the issue of his contributory negligence, as their proposed grounds amounted to mere disagreement with the court’s earlier conclusions. Background In ...

Tagged with: Civil Procedure Judge Robert E. Payne Negligence Personal Injury Products Liability U.S. District Court - Eastern District

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

Tagged with: Justice Stephen R. McCullough Negligence Personal Injury Products Liability Supreme Court of Virginia Tort

In a workplace-injury suit, an equipment manufacturer had a duty to account for foreseeable misuses of its product, regardless of whether the specific workplace met federal safety standards. Background Plaintiff Corey Stowers was a maintenance worker at a Georgia Pacific ...

Tagged with: Judge Norman K. Moon Personal Injury Products Liability U.S. District Court - Western District

Although the estate of a plant worker crushed by a lift truck offered a truck redesign that could have prevented that particular worker’s death, there was no evidence that the redesign would lead to fewer total deaths. Thus, the jury’s ...

Tagged with: Justice Stephen R. McCullough Personal Injury Products Liability Supreme Court of Virginia Tort

Plaintiff Robert Benedict sues Hankook Tire Company for the production and distribution of an allegedly defective tire. Benedict seeks summary judgment as to the Defendants’ affirmative defense of contributory negligence. Expert opinions lacking The standard of care applicable in this case is ...

Tagged with: Evidence Judge Robert E. Payne Negligence Personal Injury Products Liability Tort U.S. District Court - Eastern District

A plaintiff’s proffered warnings expert could not be qualified on the basis of his own personal reasoning, and the plaintiff’s failure to read appropriate warnings defeated her design-defect allegations. Background Appellant Deborah Meek Hickerson sustained serious internal injuries in a ...

Tagged with: 4th U.S. Circuit Court of Appeals Evidence Judge G. Steven Agee Personal Injury Products Liability

The man hurt was a resident of Norfolk and a disabled former Navy military policeman. He purchased a ladder online to install in his home. Unknown to the customer, the ladder was made from chipboard. The ladder system had a ...

Tagged with: Products Liability Settlement

A medical-implant manufacturer, the defendant at a consolidated trial arising from a much larger multidistrict litigation, did not demonstrate either that consolidation was unfair or that the trial court otherwise committed reversible error, the court of appeals held. Appellant Boston ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Products Liability

A harbor worker’s product liability claim recently settled for $2,700,000. The claimant sustained serious facial, foot and spine injuries while working at a construction work site. Other terms are confidential.   [17-T-186]   Type of action: Product Liability Injuries alleged: ...

Tagged with: Million-Dollar Settlements Products Liability