21 results for 'cat:"Vehicle" AND cat:"Product Liability"'.
J. Vance grants the unopposed request for summary judgment to a Toyota manufacturer and a sales company, dismissing product liability claims by the driver of a 2014 Lexus ES350 who alleges injuries from the car’s airbag failure to deploy when he crashed into a guard rail. The Toyota companies presented certified medical records taken at the hospital where the litigant was treated after the accident, in which the treating physician stated that he reportedly “drank a significant amount of alcohol and then crashed his car on purpose [in] an attempt to end his life secondary to depression and suicidal thoughts after a break-up 5 months ago.” Furthermore, the litigant has failed to present evidence sufficient to establish the essential elements of his defective airbag claims.
Court: USDC Eastern District of Louisiana , Judge: Vance, Filed On: May 1, 2024, Case #: 2:22cv4607, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Evidence, vehicle, product Liability
J. Lasnik denies Mercedes-Benz summary judgment for an unjust enrichment claim in the consumer's class action alleging that Mercedes-Benz manufactured and sold vehicles with defective brakes. Mercedes-Benz argues that the Washington Products Liability Act preempts the consumer's unjust enrichment claim, but the consumer is seeking to recover economic losses which the WPLA does not preempt, and the consumer plausible infers that the money he paid for the vehicle enriched Mercedes-Benz.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: April 11, 2024, Case #: 2:22cv665, NOS: Contract Product Liability - Contract, Categories: vehicle, product Liability, Contract
J. Saylor denies a car manufacturer’s motion to dismiss as to three claims against it but allows the dismissal of all other claims brought against it through a class action of purchasers and lessees. The class sufficiently brings evidence of its breach of implied warranty claim and fraudulent misrepresentation claim, and it also sufficiently alleges that the manufacturer violated the Transportation Recall Enhancement, Accountability and Documentation Act.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 8, 2024, Case #: 1:23cv10829, NOS: Property Damage Product Liability - Torts - Personal Property, Categories: vehicle, product Liability, Class Action
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J. Stanfill finds the lower court improperly overturned a ruling in a small claims action for the purchasers of a used car, a 2011 Volvo, that allegedly had problems with the catalytic converters. It is unclear the evidence could not support a finding that the dealer breached the warranty of inspectability. Accordingly, the matter is remanded to affirm the small claims judgment. Vacated.
Court: Maine Supreme Court, Judge: Stanfill, Filed On: March 7, 2024, Case #: 2024ME18, Categories: vehicle, product Liability, Warranty
J. Trauger partially grants the two dismissal motions in this class action concerning an "allegedly defective fuel injection pump" contained in certain Nissan vehicles. The economic loss doctrine bars the fraudulent omission claims under Florida and Texas law. Also, under Florida law, the claim for breach of the implied warranty of merchantability will be dismissed for lack of privity.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: February 27, 2024, Case #: 3:23cv261, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: vehicle, product Liability, Class Action
J. Lasnik denies the United States' motion to dismiss the grandfather's complaint alleging that a diseased Douglas fir in the Olympic National Park fell onto his vehicle in January 2017, injuring the grandfather, killing his wife and paralyzing one of his grandchildren. The United States argues that the claims are untimely, but the grandfather and his family actively searched for a way to bring the United States into this lawsuit as it submitted two Freedom of Information Act requests to the National Parks Service in March 2017, which potentially entitles them to a tolling of the statute of limitations.
Court: USDC Western District of Washington, Judge: Lasnik, Filed On: January 16, 2024, Case #: 2:19cv2070, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: Government, vehicle, 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
J. Longoria finds that the lower court properly denied the appellant company's second amended special appearance in this lawsuit stemming from an automobile accident that allegedly arose from a fuel pump failure. The allegations are sufficient to bring the defendant company, which is a South Korean automobile parts manufacturer, "under the long-arm statute." Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: November 30, 2023, Case #: 13-22-00176-CV, Categories: vehicle, product Liability, Jurisdiction
J. Trauger partially grants Nissan's dismissal motion in this lawsuit concerning a certain type of transmission included in particular Nissan vehicles. The vehicle owners contend that the "continuously variable transmission" was defective. The court will dismiss the claim under the Florida Deceptive and Unfair Trade Practices Act as untimely. Also, some of the states involved "require privity between parties in order for a plaintiff to assert a claim for breach of implied warranty for economic losses," and those claims will be dismissed accordingly.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: November 6, 2023, Case #: 3:22cv709, NOS: Motor Vehicle Product Liability - Torts - Personal Injury, Categories: vehicle, product Liability, Warranty
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. 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. Autrey grants Volvo's motion to apply North Carolina law to this motor vehicle action accusing the truck manufacturer of failing to equip the subject semi-truck with crash avoidance technology or appropriate seatbelt equipment. While the underlying accident occurred in Missouri, none of the parties have any significant connection to Missouri, whereas Volvo has its principal place of business in North Carolina.
Court: USDC Eastern District of Missouri, Judge: Autrey, Filed On: July 14, 2023, Case #: 4:21cv214, NOS: Motor Vehicle - Torts - Personal Injury, Categories: vehicle, product Liability, Choice Of Law
[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