A factory worker left disabled and in pain from a 2018 industrial accident has recovered $8 million in a settlement with defendants who sold and installed a glue-spreader machine that lacked “essential” protective panels. The plaintiff’s hair became caught in ...

Tagged with: Products Liability Settlement

This is a products liability case arising out of an industrial accident in which plaintiff’s hair became entangled in an unguarded glue roller and drive shaft. On March 5, 2018, the plaintiff, then 40, was working as an operator on ...

Tagged with: Products Liability Settlement

Where the defendant in a wrongful death action brought by a woman whose husband’s exposure to asbestos caused his death from mesothelioma, argued the jury was improperly instructed on causation and the trial court erred by refusing to reduce the ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Diana Gribbon Motz Products Liability

Plaintiff suffered a work-related injury while operating industrial equipment, which plaintiff alleged was defectively designed and negligently tested. Plaintiff asserted that the injury-causing event aggravated his pre-existing glenohumeral arthritis, which led to an arthroscopic debridement, partial shoulder replacement and total ...

Tagged with: Products Liability Settlement

On July 25, 2016, 67-year-old plaintiff picked up his Polaris jet ski from a marina near Lake Anna where he had taken it for repairs. When he attempted to start the jet ski, it exploded. Unknown to plaintiff, the marina ...

Tagged with: Negligence Products Liability Settlement

Although Subaru argued the plaintiff was improperly relying upon her own subjective, undefined standards to sup­port her product liability claims, a motion to dismiss is not the proper avenue to contest a lack of expert testimony. Suba­ru will have opportunity ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Where a woman whose claims against out-of-state automotive components sales and distribution companies included only a “few scattered contacts” with Virginia, there was no demonstration of purposeful activity to establish meaningful contact with the forum state. Therefore, court lacked jurisdiction ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Although the plaintiff alleged the knee replacement manufacturer committed gross and ordinary negligence, breached express and implied warranties and should be held strictly liable for design defects, the claims were either preempted by federal law or failed to state a ...

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

Where coal miner filed his products liability claims against the companies who sold, manufactured, designed and marketed the respirators he used within two years after he was diagnosed with complicated coal workers’ pneumoconiosis, his claims were still barred by the ...

Tagged with: Judge James P. Jones Products Liability U.S. District Court - Western District

Clarence Whitaker alleged that his wife’s 2007 Hyundai Santa Fe was defective because a critical wiring harness had become disconnected. Mrs. Whitaker was found dead between her car and the side of her house. Police found that the vehicle was ...

Tagged with: Defense Verdict Judge Michael F. Urbanski Products Liability U.S. District Court - Western District