41 results for 'nos:"Motor Vehicle Product Liability - Torts - Personal Injury"'.
J. Bloom denies auto manufacturer Volkswagen dismissal of product liability claims because plaintiff, the owner of an Audi AG, sufficiently pleaded the seat belt crushed his chest after being triggered by "pre sense technology" falsely triggered by bicyclists who passed near the vehicle.
Court: USDC Southern District of Florida, Judge: Bloom, Filed On: August 15, 2023, Case #: 1:22cv21585, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Negligence, Product Liability
J. Fischer adopts a "flexible approach to admitting expert testimony," finding that construction equipment maker Caterpillar may not stop an injured excavator driver from presenting expert testimony alleging manufacturing defects caused the injuries he suffered when a spike tooth on the excavator bucket broke off on a rock and ricocheted, piercing through the closed cab of the vehicle and hitting him in the leg, fracturing his right tibia and fibula. Even though the projectile spike tooth and excavator were not preserved as evidence, the experts may utilize photo evidence for analysis at this stage of litigation.
Court: USDC Western District of Pennsylvania, Judge: Fischer, Filed On: July 28, 2023, Case #: 2:21cv956, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Consumer Law, Negligence, Product Liability
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J. Thrash partially grants the manufacturer's motion for summary judgment in a product liability and negligence action brought by the individual arising from injuries she suffered in a car collision. The passenger door of the vehicle opened due to a crash unlock system as the car flipped and rolled several times. The motion is denied as to the alleged crash unlock system defect because genuine issues of fact remain as to whether the system was defective and whether the defect caused the individual's injuries. The manufacturer's motion to exclude the individual's engineering expert's opinions on the crash unlock feature is denied because they are reliable and relevant to the underlying design defect claims.
Court: USDC Northern District of Georgia, Judge: Thrash, Filed On: July 27, 2023, Case #: 1:21cv2148, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability, Experts
[Consolidated.] J. Atchley partially grants the Kia defendants' motions to exclude certain expert testimony in this product liability action stemming from a fatal car collision. "Without the inadmissible evidence proffered by plaintiffs' experts," the car manufacturers are also entitled to summary judgment, and the case is dismissed accordingly.
Court: USDC Eastern District of Tennessee , Judge: Atchley, Filed On: June 23, 2023, Case #: 4:16cv117, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Vehicle, Product Liability, Experts