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

Where drug manufacturers provided adequate warnings to a patient’s treating physician but the treating physician did not make the patient aware of the risks of taking the drug, and the patient experienced a known side effect and died, the manufacturers ...

Tagged with: 4th U.S. Circuit Court of Appeals Per Curiam Opinion Products Liability

Plaintiff’s claims for design defect and failure to warn were viable where the barrel of his firearm exploded after it had been loaded with a non-recommended bullet because there were questions of fact regarding the actual cause of the barrel ...

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

Where the deceased fell off a ladder when a piece of a crate he was attempting to pull up suddenly broke off, the administrator of the deceased’s estate could sue the company that designed and manufactured the crate for wrongful ...

Tagged with: Judge John A. Gibney Jr. Products Liability U.S. District Court - Eastern District