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Tag Archives: Products Liability

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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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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Gross Negligence Claim Survives for Tainted Salad (access required)

Three plaintiffs who alleged they became ill after eating two bags of “Asian Chopped Salad” purchased from defendant Sam’s Club and produced by defendant Taylor Farms, have stated claims for willful and wanton negligence and gross negligence with allegations that ...

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