I have a column that bears the same name as this blog that appears three times per year in the Tennessee Bar Journal. The January 2012 edition of the publication includes the column, this time titled “Retailers Escape Responsibility for Dangerous Foreign-Made Products.” The column addresses one provision of the poorly-named Tennessee…
The Kentucky Court of Appeals has ordered in a trial in a products liability case against Nissan for failure to equip at 2002 vehicle to have a rear camera or back-up sensors. Sandra and Curtis Messerly alleged that the failure of their 2002 Xterra to have either device caused…
Two plaintiffs lost products liability cases against Louisville Ladder. In Bielskis v. Louisville Ladder, Inc., No 10-1194 (7th Cir. Nov. 18, 2011) the appellate court upheld the disqualification of plaintiff’s liability expert, Neil J. Mizen. Bielskis was injured while using Louisville Ladder mini-scaffold (model number SM 1404) and alleged a…
A Sacramento, California jury has awarded a substantial jury verdict against Ford Motor Company. The vehicle involved was a 15-passenger Ford E-350 Econoline van. According to the Sacramento Bee, "The van skidded off northbound Interstate 5 in Kern County after the tread separated on its rear right tire. Evidence at trial…
Table saws are dangerous – but they don’t have to be. Stephen Gass developed technology called "Saw Stop" that prevents cuts and amputations when using table saws and other types of saws. Read this white paper to see how the Saw Stop system works. This video describes the system and…
The Nevada Supreme Court has affirmed a trial judge order that struck a defendant’s ability to argue liability, limiting it to contesting compensatory damages. In Bahena v. Goodyear, the trial judge struck the defendant’s answer as to liability after it failed to follow prior court orders concerning several discovery…
The Asbestos Law Journal has this great post on a huge asbestos verdict in Mississippi a short time ago. The blog notes that "part of why the jury did so may be because of a handwritten note that indicates one of the defendants engaged in a cost-benefit analysis that concluded…
From Reuters: The U.S. Supreme Court ruled that federal regulations setting vehicle safety standards do not bar lawsuits seeking damages from automakers for installing lap-only seat belts. The unanimous ruling held that a California lawsuit against Mazda Motor Corp. over a fatal 2002 collision involving a 1993 Mazda minivan could…
Mr. Pannu was seriously injured when his Land Rover Discovery (Series 1) sport utility vehicle rolled over following a chain of collisions. Pannu alleged a design defect in the SUV and was awarded a judgment of $21,654,000. The Court of Appeal of the State of California, Second Appellate District, affirmed…
Oral arguments were heard two months ago in Williamson v. Mazda Motors of America, and when the United States Supreme Court decides the case we will have a better understanding of the law of preemption. At issue is whether a National Highway Traffic Safety Administration rule permitting the use of…