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

In a ruling that denied both sides’ motions for summary judgment involving a man’s 25-foot fall while installing a tree step, the court rejected both sides’ efforts to exclude the other’s experts in their entirety but limited the testimony of ...

Tagged with: Judge Elizabeth K. Dillon Products Liability U.S. District Court - Western District

In a case where motions to exclude both sides’ expert witnesses were denied, a jury should decide whether Hyundai is liable for the death of a woman crushed by its Santa Fe vehicle. Background Shannon Whitaker was crushed to death ...

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