Product liability

Law Reporter, Mar 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.

Negligent design of patient lift

Verdict for two nursing home assistants who suffered herniated disks requiring fusion surgery after a patient lift they were using tipped over, and they maneuvered to prevent the patient in it from falling. They filed suit against the companies that designed, manufactured, and distributed the lift, alleging, among other claims, negligent design and construction in that the locking tab securing the machine's legs at different width settings could skip when the lift was bumped or hit something, allowing the legs to move from the widest setting to the most narrow setting, at which the lift was unstable. Plaintiffs in this case were represented by *Frank R Saia and *Terry M. Ford, both of Springfield, Mass.

Santos v. Sunrise Med., Inc., U.S. Dist. Ct., W.D. Mass., No. 0030221-MAP, July 12, 2002.

Unreasonably dangerous appetite suppressant

Verdict, including punitive damages, for three women who suffered strokes and a man who suffered a heart attack ofter taking the appetite suppressant Metabolife 356. The four, together with their spouses, filed suit against the manufacturer of the product, alleging that it was unreasonably dangerous because of the presence of caffeine and ephedra, an herb that increases blood pressure and has been linked to dangerous side effects including heart attacks, seizures, and strokes. Plaintiffs in this case were represented by *Allan L. Armstrong, A. David Fawal, Robert B. Roden, *David E. Oglesby, and *Archie C. Lamb, all of Birmingham, Ala.

McClain v. Metabolife Intl, Inc., U.S. Dist. Ct., N.D. Ala., No. CV-01-AR-1801-S, Nov. 19, 2002.

Off-throttle steering mechanism defect in personal watercraft

Settlement for a man who suffered a crush injury to his right leg, requiring an above-the-knee amputation, while riding a personal watercraft when the operator of another personal watercraft collided with him. The man and his wife sued the manufacturer of the other driver's watercraft, among others, alleging an off-throttle defect in the steering mechanism left the craft with little or no steering when an operator let off on the throttle. Plaintiffs in this case were represented by *Stephen W Drinkard, Montgomery, Ala., and Lee Brown, Dallas, Tex.

Steen v. Petty-Fitzmaurice, Ala., Elmore County Cir. Ct., No. CV-01-286, Nov. 6,2002.

Maker of windows installed in mass-produced homes may be liable for damage to other parts of the homes The Supreme Court of California held manufacturers of defective windows installed in mass-produced homes could be strictly liable to the homeowners for damage the windows caused to other parts of the homes. The court said the economic loss rule did not bar recovery. Plaintiffs were represented by David A. Niddrie, San Diego, Cal., and *Stuart M. Eppsteiner and Neal A. Markowitz, both of Solana Beach, Cal. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Eppsteiner.

Jimenez v. Superior Ct., 58 P.3d 450 (Cal. 2002).

Lack of antilock brakes on sport-utility vehicle Settlement for a woman who was ejected from her 1997 Jeep Wrangler sport-utility vehicle (SUV) and suffered brain injuries and a spinal fracture at T8-9, resulting in paraplegia, when the SUV entered a puddle of standing water, hydroplaned, spun out of control, and rolled over. She sued the manufacturer of the SUV, alleging, among other things, that it lacked antilock brakes, which would have enabled her to maintain control of the vehicle after it began hydroplaning, and that it had insufficient seat back strength, which had allowed her seat back recliner mechanism to fail, creating a ramp effect and allowing her to be ejected through the rear plastic window. Plaintiff was represented by *Edward M. Ricci and *Theodore J. Leopold, both of West Palm Beach, Fla.

Fuller v. DaimlerChrysler, N.C., Wake County Super. Ct., No. 00 CVS 14810, July 31, 2002.

Overfilling of ammonia tank

Verdict, including punitive damages, for a man who suffered chemical burns while hitching a tank containing 1,000 gallons of anhydrous ammonia to a fertilizer applicator when the safety valve suddenly released and ammonia contacted his vocal cords. He sued the company that had filled the tank, alleging negligence per se in that defendant had violated a state regulation by overfilling the tank beyond 85 percent of its capacity. Plaintiff was represented by *John D. Gehlhausen, Lamar, Colo. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Gehlhausen.

Roth v. Kugler Oil Co., Colo., Denver County Dist. Ct., No. 01-CV-4713, June 14,2002.

Plaintiffs' claims against maker of disposable cigarette lighter not preempted

The Mississippi Court of Appeals held plaintiffs' state law claims against the manufacturer of a disposable cigarette lighter are not preempted by federal law. Plaintiffs were represented by Dana J. Swan, Clarksdale, Miss. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Swan.