Products liability

Law Reporter, Aug 1999

Failure to comply with federal sleepwear flammability standards

Structured settlement for an 8-year-old child who suffered first- and second-degree burns when a spark ignited a slumber bag he was wrapped in and spread to the shirts he was wearing. Suit against the shirt manufacturers and slumber bag manufacturer and retailer alleged the products were defective in that they failed to comply with federal flammability standards for sleeping apparel. *Louis T. Brindisi, Utica, N.Y., represented plaintiff.

Pack r. E.R.O. Indus., N.Y., Oneida County Sup. Ct., Nos. 94-10325, 94-10325A, May 10, 1999.

Failure to install protective devices on dumbwaiter assembly

Verdict and settlements for an elevator mechanic whose head was crushed when a dumbwaiter fell into an equipment pit. The mechanic sued the dumbwaiter manufacturer and installer, alleging lack of protective devices and failure to warn of the latent defect. *Evan A. Douthit, James D. Walker Jr., and *Randall L. Rhodes, all of Kansas City, Mo., represented plaintiff. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Rhodes.

Lay v. P&G Health Care, Inc., Mo., Jackson County Cir. Ct., No. CV95-5016, May 10, 1999.

Pennsylvania products liability plaintiffs entitled to heeding presumption

A Pennsylvania appellate court held that in products liability cases alleging failure to warn, plaintiffs are entitled to a rebuttable presumption they would have heeded adequate warnings had they been given. *George Howard III, Philadelphia, Pa., represented plaintiffs.

Coward v. Owens Corning Fiberglas Corp., 729 A.2d 614 (Pa. Super. Ct. 1999).

Brake lever protrudes into rider's brain

Structured settlement for a boy who suffered brain damage resulting in moderate cognitive deficits and emotional difficulties when the brake handle lever of his overturned bicycle allegedly penetrated through his eye socket into his brain. The child and his mother sued the bicycle's distributor, alleging the bicycle was defectively designed in that the lever was situated at too great an angle from the handlebars and was even with- rather than inset from-the handlebar edge. *Louis J. DeVoto, Cherry Hill, N.J., represented plaintiffs. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. DeVoto.

Keeley v. Tanfield, N.J., Camden County Super. Ct., No. L-6501-95, Sept. 1998.

High center of gravity of ATV

Settlement for a man who suffered severe brain and central nervous system damage while riding a four-wheel allterrain vehicle (ATV) that rolled repeatedly after it hit a slight depression while going downhill. His parents, individually and on his behalf, sued the ATV manufacturer and related companies, alleging the vehicle was defectively designed in that it had a solid rear axle and a high center of gravity. *Robert S. Bennett, Houston, Tex., and *David C. Carlile, Marshall, Tex., represented plaintiffs.

Seals v. Honda Motor Co., Tex., Harrison County 71st Jud. Dist. Ct., No. 97-0288, Mar. 22,1999.

Inadequate motor thrust on firework

Settlement for a child whose left eye had to be removed after it was struck by a firework missile that lifted about four feet into the air and then tilted horizontally toward the child. She and her parents sued the companies that had designed, manufactured, and distributed the firework missile and the missile motor manufacturer and related companies. Plaintiffs alleged the firework had inadequate thrust and was aerodynamically unstable. *Tim D. Newsom, Amarillo, Tex., represented plaintiffs. Documents in this case are available through the Court Documents section in the back section of this issue, courtesy of Mr. Newsom.

Dominguez v. Pyro-Tech., Inc., Tex., Tarrant County 153d Jud. Dist. Ct., No. 153-169678-97, Feb. 8, 1999.

Lack of mechanical interlock on feed wagon PTO

Settlement for a 9-year-old girl who suffered scalping injuries when her hair became entangled in a power take-off (PTO) driveline attached to a wagon. The child sued a driveline manufacturer, alleging it had defectively designed the PTO shaft, which lacked a mechanical interlock to prevent it from rotating if a manufacturer-supplied plastic guard was missing. *Louis Accurso and Waco Carter, both of Springfield, Mo., represented plaintiff Documents in this case are available through the Court Documents section in the back section of the issue, courtesy of Mr. Accurso.

Yancy v. G&G Mfg. Co., U.S. Dist. Ct., W.D. Mo., No. 96-3118- CV-S-RGC, Mar. 26, 1999.