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Tag Archives: Products Liability

Truck driver badly hurt after tire failed – $37,835,259.23 Settlement (access required)

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 ...

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EDVA: Court won’t reconsider contributory negligence (access required)

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 ...

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SCV: Product redesign proposals must be safer overall (access required)

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 ...

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WDVA: Misuse defense not pre-empted by OSHA (access required)

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 ...

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SCV: Plaintiffs must prove product redesigns are safer overall (access required)

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 ...

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EDVA: Affirmative defense not provable without expert testimony (access required)

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 ...

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4th Cir.: Warnings expert properly excluded (access required)

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 ...

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4th Circuit Court of Appeals: MDL “bellwether” trial was fair (access required)

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 ...

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Harbor worker injured on construction site – $2.7 Million Settlement (access required)

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: ...

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