Products liability

Law Reporter, Dec 2001

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.

Improperly routed fuel filler hose

Settlement for the wife of a man who was fatally burned when his pickup truck collided with two trees, resulting in a fuel-fed fire. Suit against the truck manufacturer alleged that the fuel system was unreasonably dangerous in that the outboard filler hose (1) did not break away from the vehicle to prevent the escape of gasoline and (2) was improperly routed between two brackets, allowing vapors to escape. Plaintiff also alleged that the truck's doors were defective, and that they prevented her husband's escape from the vehicle during the fire. Plaintiff was represented by *D. Bruce Petway, Birmingham, Ala., and *Edward Sanders, Columbus, Miss. Pleadings and depositions in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Petway.

Hamilton ro. Mitsubishi Motor Corp., Miss., Washington County Cir. Ct., No. CI-20-0097, June 19, 2001.

Under crashworthiness doctrine defendant must apportion damages

A Pennsylvania appellate court held that, in a case involving the crashworthiness doctrine, once a plaintiff proves that the alleged defect was a substantial factor in causing injury, the defendant must then apportion damages. *William A. Atlee Jr., Lancaster, Pa., represented plaintiffs.

Stecher v. Ford Motor Co., 779 A.2d 491 (Pa. Super. Ct. 2001), reargument denied, July 16, 2001.

Comment: For another case applying this rule, see Trull v. Volkswagen of Am., Inc., 761 A.2d 477 (N.H. 2000), 44 ATLA L. Rep. 67 (Mar. 2001). *David P. Angueira and *Edward M. Swartz, both of Boston, Mass., represented plaintiffs. Documents in Trull are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Angueira.

Unreasonably dangerous seat belt design

Verdict for the husband and children of a woman who was killed while riding in the front seat of a passenger car that was involved in a collision with another vehicle. Suit against the vehicle manufacturer, retailer, and distributor alleged that the seat belt system was defective in that the shoulder restraint could be used without the lap belt, creating an unreasonably dangerous condition for occupants, and in particular, short-statured individuals. *Alan M. Shapey, New York, N.Y., represented plaintiffs.

Chevere v. Hyundai Motor Co., N.Y., Bronx County Sup. Ct., No. 8798/96, July 5, 2001.

Product use is not a prerequisite for recovery in strict products liability actions

The Georgia Supreme Court held that strict liability may attach in a products liability case where the allegedly defective item produces an injury that is not the result of product use. *Foy R. Devine, Atlanta, Ga., represented plaintiffs.

Jones v. NordicTrack, Inc., 550 S.E.2d 101 (Ga. 2001).

Fraudulent marketing of fungicide

Verdict for two ornamental plant growers that used the fungicide Benlate DF on their crops, allegedly resulting in significant crop damage. Suit against the manufacturer alleged, among other claims, that defendant marketed a product it knew was defective but concealed the defect from consumers and the public. *Janet L. Humphreys, Adam M. Moskowitz, and Detra P. Shaw, all of Miami, Fla., represented plaintiffs. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Ms. Humphreys.

Productora de Semillas v. E.I. duPont de Nemours & Co., Fla., Miami-Dade County 11 th Jud. Dist. Cir. Ct., Nos. 97-12185-CA-23, 97-12186-CA-23, Aug. 10, 2001.

Comment: Benlate DF was permanently removed from the market before this lawsuit was filed. Additionally, in 2001, DuPont announced plans to discontinue sales of another version of the fingicide-Benlate WP. For other cases involving Benlate and crop destruction, see Desarrollo Indus. Bioacuatic S.A. v. E.L duPont de Nemours & Co., 44 ATLA L. Rep. 147 (May 2001 ); and Aquamar S.A. P. E. DuPont de Nemours & Co., 20 PLLR 108 (July 2001). *Robert J. McKee, *Walter G. Campbell Jr., *Ivan F. Cabrera, and *Kevin A. Malone, all of Fort Lauderdale, Fla., represented plaintiffs in those cases.

Failure to comply with glove usage and cleanliness guidelines at fast food restaurant

Settlement for a child who contracted hepatitis-A, allegedly as a result of eating contaminated sandwich meat purchased at a fast food restaurant. Suit against the restaurant's owner alleged that restaurant employees failed to comply with glove usage and cleanliness guidelines. Plaintiffs also sued the companies that monitored and sold the franchise, alleging that they failed to follow internal procedures and initiate franchise termination proceedings. Ralph J. Brindley, Seattle, Wash., represented plaintiffs.

Degel v. Doctor's Assocs., Inc., Wash., King County Super. Ct., No. 00-2-03953-1 SEA, June 15, 2001.

Economic loss doctrine bars products liability claims where sole damage is to allegedly defective product