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Products liability

Law Reporter, Jun 2003

ATLA's Products Liability Law Reporter includes a broad range of products liability cases. Here are examples of the kinds of cases appearing in each issue of PLLR.

Defective design of power window switch in pickup Settlement on behalf of a girl who was strangled when she leaned out the window of a 2000 Ford F-250 pickup truck and accidentally activated the power window switch on the armrest, causing the window to rise and entrap her neck. Her mother, on behalf of the estate, sued the manufacturer of the truck, alleging defective design in that the toggle-type switch could be activated by a child's accidental contact. Plaintiff claimed defendant should have used an alternative design-a switch that must be pulled up to make the window rise-that it has used in many of its other vehicles. Plaintiff was represented by *Robert M.N. Palmer, Springfield, Mo., and *David W. Little, Oklahoma City, Okla.

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Gates v. Ford Motor Co., Okla., Cleveland County Dist. Ct., No. CJ-2002-368 (L), Dec. 12, 2002.

Unreasonably dangerous energy-boosting supplement

Verdict on behalf of a young man who died several hours after taking some capsules of the energy-boosting supplement, "Ripped Fuel." His parents, individually and on behalf of their son's estate, sued the manufacturer of the supplement and its parent company, alleging that the product was defective and unreasonably dangerous because of the presence of caffeine and ephedra-a substance that has been linked to heart attacks, strokes, and numerous other adverse events. Plaintiffs were represented by *Michael E. Grimes, Round Rock, Tex., and John J. McKetta III, Austin, Tex.

Scurlock v. Twin Labs., Inc., Tex., Bastrop County 21st Jud. Bist. Ct., No. 23950, Feb. 21, 2003.

No preemption of claims alleging defective toy design

A U.S. district court held the Child Safety Protection Act (CSPA), 15 U.S.C. [sec] 1278, does not preempt claims alleging defective design of a toy car and figurine set. Moreover, plaintiffs' negligence and breach of warranty claims are not preempted to the extent they are not premised on a failure-to-warn theory. The CSPA does, however, preempt inadequate warning claims. *John Hunter Craft, Houston, Tex., represented plaintiffs.

West v. Maud, Inc.,_F. Supp. 2d_, No. G-02-566, 2003 WL 662621 (S.D. Tex. Feb. 6, 2003).

Defective design of car's cruise control system

Verdict for a woman, who was injured, and on behalf of her minor daughter, who was killed, when the cruise control mechanism in their car failed to disengage when the woman applied the brakes to slow the car. She and her husband, on behalf of their daughter's estate, sued the manufacturer of the vehicle, alleging its "Next Generation Speed Control System" was defective in that it could stick when salt or other debris from the road became embedded in it. Plaintiffs alleged the mechanism's speed control cable had a gap where it connected to the throttle plate, allowing corroding materials to enter the cable and create a bind or jam, preventing the throttle from closing even when an operator attempted to disengage the system. Plaintiffs in this case were represented by * Edgar F. Heiskell III, Charlottesville, Va.; *William Frame, Morgantown, W. Va.; and *A. Camden Lewis, Columbia, S.C.

Huber v. Ford Motor Co., W. Va., Monongalia County Cir. Ct., No. 1-C-391, Dec. 5, 2002.

Failure to guard nip point on hot wax machine

Verdict for a man who suffered severe crush and burn injuries to his left, non-dominant arm, requiring numerous skin-graft operations and resulting in scarring and a 40-percent loss of use of the hand, when he lost his balance while working at a hot wax machine and his arm was pulled into the machine and under the rotoformer head. He sued the manufacturer, alleging failure to provide ( 1 ) a guard over the machine's exposed nip point and (2) emergency stop buttons in the operator's work station. *Alan J. Shefler and Patrick J. Francis, both of Chicago, Ill., represented plaintiff.

Murillo v. Sandvik Process Sys., Inc., U.S. Bist. Ct., N.D. Ill., No. 98 cv 0372, Dec. 5, 2002.

Unreasonably dangerous meal containing toothpick

Settlement for a man who suffered a perforated intestine-requiring emergency surgery and resulting in the development of an infection that allegedly contributed to heart damage from preexisting heart disease-when he accidentally swallowed a plastic toothpick concealed in a chicken salad meal. He sued the company that had provided the meal, alleging it was defective and unreasonably dangerous because of the presence of the toothpick. Plaintiff was represented by *Martin Blake, San Francisco, Cal., and Susan Schwegman, St. Helena, Cal.

Doe v. Roe, U.S. Dist. Ct., N.D. Cal., confidential docket no., Jan. 2003.

Inadequate fastener on adjustable construction stilts

Settlement for a man who suffered fractures to both elbows and his left wrist, right ulnar neuropathy, and postconcussion syndrome resulting in chronic headaches when a bolt on one of the adjustable construction stilts he was using fell out, causing the stilt to telescope inward and the man to fall to the concrete floor below. He sued the company that designed and marketed the stilts, alleging the fastening device lacked sufficient threads to secure the foreseeable loads placed on the stilt and that there were feasible safer alternative designs. *Richard M. Jurewicz, Philadelphia, Pa., represented plaintiff.

Products liability

Law Reporter, Jun 2003

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