Products liability

Law Reporter, May 1999

ATLA Is 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

Improperly placed air bag sensors

Verdict for a woman who was rendered quadriplegic in a car accident. She sued the car manufacturer, alleging improper synchronization between the air bag and seat belt systems resulted in delayed air bag deployment. Plaintiff claimed that during the collision, her head bent forward as the belt system restrained her torso. *Sidney Gilreath and *Dianne Lashmit, both of Knoxville, Tenn., and *Charles Terry, Morristown, Tenn., represented plaintiff. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Gilreath.

Cruze v. Ford Motor Co., Tenn., Grainger County Cir. Ct., No. 6764, Nov. 25,1998.

Low abdominal shield on child booster seat

Settlement for the estate and family of a 3-year-old girl who suffered fatal spinal injuries in a car accident while secured in a booster seat. Suit against the seat manufacturer alleged the seat had a low abdominal shield and lacked an upper torso restraint system. Plaintiffs claimed because of the defects, the seat failed to restrain the child's upper body and permitted her spine to stretch during the accident. *Robert A. Rohrbaugh, Bethesda, Md., represented plaintiffs.

Fairfax v. Cosco, Inc., N.C., Cumberland County Super. Ct., No. 98 CVS 2266, Dec. 15, 1998.

Narrow track width on pickup truck

Postverdict settlement in a case in which the jury had awarded punitive damages to the family of a pickup truck driver who suffered fatal closed-head injuries when his truck rolled over. Suit against the truck manufacturer alleged defective design and failure to adequately test the vehicle. Plaintiffs asserted the vehicle had a narrow track width and twin Ibeam suspension that made it prone to roll over. Plaintiffs discovered company documents dating from the time the truck was first designed that reportedly demonstrated defendant knew of the need to widen the truck's track width. Plaintiffs also claimed defendant knew that the truck had the worst rollover fatality rate of any 4-by-2 pickup truck.

*Dennis C. Sweet and *Merrida Coxwell, both of Jackson, Miss., and *Edward Blackmon, Canton, Miss., represented plaintiffs.

Robinson v. Ford Motor Co., Miss., Holmes County Cir. Ct., No. 960200, Dec. 23, 1998.

Premarket approval process does not impose specific requirement for particular device

The Eleventh Circuit Court of Appeals held that the premarket approval process required for certain medical devices does not impose specific federal requirements for a particular device that would warrant preemption of state law defective device claims under the Medical Device Amendments (MDA), 21 U.S.C. 360c et seq., to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq. *Daniel C. Shaughnessy and *Robert L. Cowles, both of Jacksonville, Fla.; *Kenneth M. Suggs, Columbia, S.C.; and Allison Zieve, Washington, D.C., represented plaintiff in this case.

Goodlin v. Medtronic, Inc., _ F.3d _, No. 97-5801, 1999 WL 77205 (llth Cir. Feb. 18, 1999).

NTMVSA implicitly preempts state law claim for failure to equip passenger car with air bag

The D.C. Circuit Court of Appeals held that a state law defective design claim alleging failure to equip a passenger car with an air bag is implicitly preempted by the National Traffic and Motor Vehicle Safety Act (NTMVSA), 49 U.S.C. 30101 et seq.

Geier v. American Honda Motor Co., _ F.3d _, No. 98-7006, 1999 WL 49119 (D.C. Cir. Feb. 5, 1999).

Economic loss rule does not bar tort law recovery for truck defect that caused fire, destroying truck

The Iowa Supreme Court held the economic loss rule does not bar a products liability action where a truck defect allegedly caused a fire that destroyed the truck. Philip H. Dorff Jr. and Hugh J. Cain, both of Des Moines, Iowa, represented plaintiff.

American Fire and Cas. Co. v. Ford Motor Co., 588 N.W2d 437 (Iowa 1999).

Failure to pasteurize apple juice

Settlement for a 2-year-old girl who developed a kidney and blood disorder after drinking apple juice contaminated with Escherichia coli (E. coli) 0157:H7. The child and her parents sued the juice processor and retailer, alleging the contamination occurred as a result of inadequate manufacturing and sarutation practices at the processor's facility and failure to pasteurize the juice. *James S. Rogers and

*Mary K. Fleck, both of Seattle, Wash., represented plaintiffs in this case.

Shaffer v. Odwalla, Inc., Wash., King County Super. Ct., No. 97-2-25518-0 SEA, Dec. 17,1998.

Punitive damages proper where drug manufacturer did not warn of condition that caused injuries

The Oregon Court of Appeals held a plaintiff who suffered vision loss from a drug-related condition the drug manufacturer allegedly failed to warn about to avoid a drop in sales was properly awarded compensatory and punitive damages. John P. Graff and *Jeffrey B. Wihtol, both of Portland, Or., represented plaintiff.