91 results for 'cat:"Negligence" AND cat:"Product Liability"'.
J. Reidinger grants Pfizer’s motion to dismiss allegations of product liability brought by a consumer who claims an arthritis medication damaged her kidneys. The consumer reports that her doctor diagnosed her with stage 3 kidney disease, and that after she stopped taking Pfizer’s medication, her kidney condition improved. However, she presents only cursory information that is not enough to state a claim.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 22, 2024, Case #: 1:23cv281, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Corporations, negligence, product Liability
J. Valderrama grants a food company’s motion to dismiss a shipping worker’s two claims for unfair and deceptive practices. The worker was injured when, while working inside a truck, a can of cooking spray produced by the food company ignited and cause a flash fire. Though the worker has other counts pending against the company for her injuries, the court finds she has not sufficiently alleged these two.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: January 16, 2024, Case #: 1:20cv7065, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Fraud, negligence, product Liability
J. Reidinger grants in part a vehicle manufacturer’s motion for summary judgment following allegations of negligence brought by a passenger after he was paralyzed from the waist down when the car crashed into a creek. The passenger argues that the manufacturer’s claim of contributory negligence, based on his and the driver’s intoxication, isn’t a defense because the car’s defects injured him more severally than he would’ve been otherwise. Because it can’t be determined under contributory negligence whether the passenger knew or should have known that the driver was drunk, the manufacturer fails to show that there is no genuine issue in terms of material fact.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: January 12, 2024, Case #: 1:23cv112, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, negligence, product Liability
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J. Land denies Ford's motion for summary judgment in a renewed product liability and negligence action brought by a deceased driver’s mother and a passenger. The driver lost control of a 2001 P207 Ford Explorer Sport Trac when the tread on a tire separated. The vehicle rolled over four times. A reasonable jury could find that Ford knew the vehicle’s target understeer gradient was low and that the issue often caused drivers to lose control of their vehicles. A genuine issue of fact exists as to whether Ford acted with reckless, willful or wanton disregard for life or property in designing the vehicle.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:22cv62, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, product Liability
J. Dugan grants a widow's motion for a default judgment on wrongful death claims against a third-party seller on Amazon. The widow sufficiently showed in court that the Amazon seller sold defective, electrically heated socks labeled as "good for blood circulation," which resulted in the death of her husband, who contracted sepsis after his feet became burned and wounded. The estate is awarded $9.7 million in damages.
Court: USDC Southern District of Illinois, Judge: Dugan, Filed On: December 15, 2023, Case #: 3:20cv1287, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, product Liability, Wrongful Death
J. Vratil denies a group of consumers who purchased bonded abrasive discs from an electrical tool company's motion for class certification. The electrical tool company, which may have failed to place a warning label on its products, showed in court that the consumer failed to meet class action requirements.
Court: USDC Kansas, Judge: Vratil, Filed On: December 7, 2023, Case #: 2:23cv2028, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: negligence, product Liability, Class Action
J. Cogburn denies a pest management company’s motion to dismiss a pro se complaint by a customer that the company’s staff accidentally sprayed her with insecticide. The customer claims only that the chemicals, which she says were falsely advertised as water-based, got all over her body and face when the spray machine broke, and now she is diagnosed with cancer. She also alleges that the company refuses to provide her with an accident report. However, she has failed to make any federal claims in her complaint and did not properly serve on the company. Despite this, she is allowed 20 days to amend her complaint.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: December 4, 2023, Case #: 3:22cv460, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, negligence, product Liability
J. Sammartino rules that an implant patient may pursue most of her claims against an implant manufacturer stemming from a SurgiMend device, used during a ventral hernia repair, that allegedly malfunctioned and caused her to suffer from a bowel injury and severe pain. The patient sufficiently alleges that the manufacturer knew from internal testing and investigations that the product creates a high risk of bowel injury and failed to warn her doctor of these risks.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: November 27, 2023, Case #: 3:22cv604, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, product Liability, Warranty
J. Joseph denies summary judgment to Amazon.com on the online website’s arguments it is not liable for the products of approximately two million “third party sellers,” including a defective battery charger resulting in a deadly house fire and wrongful death claims. Amazon may re-urge its requests after resolution of questions to the Louisiana Supreme Court regarding an online market operator’s liability for potentially dangerous products sold by a third-party seller under both state law and a legal theory of negligent undertaking.
Court: USDC Western District of Louisiana , Judge: Joseph, Filed On: November 27, 2023, Case #: 5:20cv1448, NOS: Tort Product Liability - Real Property, Categories: Consumer Law, negligence, product Liability
J. Hendon finds the trial court properly entered final judgment in favor of the daughter in a lawsuit against Philip Morris related to her father's death from lung cancer, pulmonary disease and other ailments caused by his years of smoking Marlboro cigarettes. The trial court in part correctly denied Philip Morris's motion for summary judgment and for a directed verdict because there are disputes of fact regarding when the father's pulmonary disease manifested and the evidence admitted at trial supported the jury's verdict, which in part resulted in an award of $5.5 million in non-economic damages for the daughter and a mistrial on the issue of punitive damages. The trial court did not otherwise abuse its discretion in denying Philip Morris's other post-trial motions. Affirmed.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: November 15, 2023, Case #: 23-0032, Categories: Damages, negligence, product Liability
J. Cullen denies the food manufacturer's motion to dismiss. The customer claims she swallowed glass while eating a veggie burger from Burger King and sued both the manufacturer of the meatless burger and the restaurant that sold it to her, contending that at least one of them was negligent by allowing the glass to make its way into her food. The manufacturer argued that because she doesn’t know how the glass got into her Impossible Whopper she is barred from suing but no reasonable interpretation of the federal rules of civil procedure requires that a plaintiff know precisely how its injury occurred.
Court: USDC Western District of Virginia, Judge: Cullen, Filed On: November 14, 2023, Case #: 4:23cv16, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Tort, negligence, product Liability
J. Duffin finds partially in favor of the patient and the medical device company in a lawsuit alleging multiple product liability claims over a vena cava filter that caused severe complications after it migrated to the patient's heart, which was not discovered until five years after it was implanted. The patient's partial motion for summary judgment is denied, and the company's motion for summary judgment is granted except for the patient's design-defect product liability claim and the portion of her negligence claim regarding the company's sale of a filter with a defective design. The company's motion to exclude testimony and opinions from six experts for the patient is partially granted, including as to one doctor's opinions on the patient's need for psychological services, another doctor's opinions on her mental health, and a biomedical engineering professor's opinions on the company's state of mind or subjective motivations and certain design aspects of the filter.
Court: USDC Eastern District of Wisconsin, Judge: Duffin, Filed On: October 31, 2023, Case #: 2:19cv988, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Health Care, negligence, product Liability
J. Stadtmueller denies 3M's motion for summary judgment in a lawsuit from a cell tower repairman who alleges he fell at least 80 feet from a cell tower due to the failure of 3M's defective cable sleeve designed to help secure him to the tower. All of the disputed facts in the repairman's negligence, design-defect and other liability claims, including those contested by 3M regarding use of the cable sleeve's panic grab function, must proceed to a jury trial, which will commence on December 18, 2023.
Court: USDC Eastern District of Wisconsin, Judge: Stadtmueller, Filed On: October 24, 2023, Case #: 2:22cv1532, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, product Liability
J. Settle finds in favor of the insurance company for its complaint that it has no duty to defend or indemnify the metal contractor in an underlying lawsuit in which Pacific Seafood's employee claims he was injured by the metal contractor's "fish skinning wheel." The insurance company's Comprehensive General Liability policy does not cover the employee's negligence and defective design and manufacturing claims against the metal contractor, so the insurance company does not have to defend or indemnify the metal contractor as a matter of law.
Court: USDC Western District of Washington, Judge: Settle, Filed On: October 19, 2023, Case #: 3:23cv5400, NOS: Insurance - Contract, Categories: Insurance, negligence, product Liability
J. Huff denies a pharmaceutical company's motion to dismiss strict liability claims brought by two consumers who allege they have suffered "neuropsychiatric injuries" after ingesting Singulair, a drug prescribed for the treatment of asthma and allergic rhinitis. Although the consumer was prescribed the drug outside of California, he is a California resident, took the drug in California, and was treated for his alleged injuries in California. Furthermore, the consumer has alleged that the company engaged in direct-to-consumer advertising of Singulair in California, so he has sufficiently established jurisdiction.
Court: USDC Southern District of California, Judge: Huff, Filed On: October 16, 2023, Case #: 3:22cv522, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: negligence, product Liability, Jurisdiction
J. Deguilio allows plaintiff to continue claims contending a company refused to replace a defective recreational vehicle that burst into flames, destroying the vehicle and the property inside it, because the unusual event of an RV bursting into flames would not constitute an inherent risk, and repairing the vehicle would be impossible.
Court: USDC Northern District of Indiana, Judge: Deguilio , Filed On: October 12, 2023, Case #: 3:23vc218, NOS: Other Contract - Contract, Categories: negligence, product Liability, Warranty
J. Winmill grants a medical equipment manufacturer's motion to dismiss a hospital's allegations that a machine that detects prostate cancer malfunctioned, giving incorrect results for some patients. The hospital seeks to recoup medical expenses it paid for patients whose results were incorrect. The hospital has not shown the existence of any contract terms beyond the agreement to purchase the machine or shown how the company breached the contract. The hospital has not provided facts to allege whether the machine malfunctioned or was defectively installed. The hospital is granted leave to amend.
Court: USDC Idaho, Judge: Winmill, Filed On: October 4, 2023, Case #: 3:22cv382, NOS: Contract Product Liability - Contract, Categories: negligence, product Liability, Contract
J. Boardman grants summary judgment to Subaru on a renter’s product liability claims alleging that his left hand was severely injured when the Subaru Outback he was driving deployed its airbags. The driver’s theory does not point out a precise defect in the airbag system, and his expert did not pick one out either, so the system was reasonably safe, not defective.
Court: USDC Maryland, Judge: Boardman, Filed On: September 28, 2023, Case #: 8:20cv2164, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, negligence, product Liability
J. Bradford finds that the trial court properly ruled in product liability and negligence claims related to steroid injections purchased from an out-of-state company because plaintiff failed to demonstrate local business defendants caused the injuries. However, a related ruling must be overturned because plaintiffs remain free to pursue medical malpractice claims against defendants. Affirmed in part.
Court: Indiana Court Of Appeals, Judge: Bradford, Filed On: September 28, 2023, Case #: 22A-CT-909, Categories: negligence, product Liability, Jurisdiction