Products liability

Law Reporter, Dec 2003

ATLA's Products Liability Law Reporter includes a broadrange of products liability cases. Here are examples of the kinds of cases appearing in each issue of PLLR.

Court erred in failing to instruct jury on strict liability in case alleging defective manufacture of breast implants

The Ninth Circuit Court of Appeals held comment k to the Restatement (Second) of Torts § 402A does not preclude strict liability for the alleged defective manufacture of breast implants. Thus, the trial court erred in failing to instruct the jury on strict liability in plaintiff's suit against the implant manufacturer. Plaintiff was represented by *Don Howarth and *Suzelle M. Smith, both of Los Angeles, Cal. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Howarth.

Transue v. Aesthetech Corp., 341 E3d 911 (9th Cir. 2003).

Defective design of minivan's unshielded gas tank

Settlement on behalf of five children who suffered fatal burns after the minivan in which they were riding was hit from behind and the vehicle's unshielded plastic fuel tank contacted the ground. The children's parents claimed the van was defectively designed in that the fuel tank (1) lacked sufficient ground clearance and (2) should have been shielded, given its plastic composition and close proximity to the ground. Claimants were represented by *D. Bruce Petway, *Roger K. Fuston, and Michael Petway, all of Birmingham, Ala.

Harvey v. General Motors Corp., Ga., settled before filing, May 2, 2003.

Court erred in failing to allow voir dire questions on prospective jurors' bias against nonusers of seat belts

The Court of Appeals of Texas held a trial court abused its discretion in failing to allow voir dire questions asking prospective jurors whether they were biased against nonusers of seat belts. Plaintiffs were represented by *Michael A. Caddell, *Cynthia B. Chapman, and James M. Juranek, all of Houston, Tex.; Ricardo G. Cedillo and Les J. Strieber III, San Antonio, Tex.; and *Ezequiel Reyna Jr., Weslaco, Tex. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Juranek.

Vasquez v. Hyundai Motor Co.,___ S.W.Sd ___, No. 04-01-00554-CV, 2003 WL 22023175 (Tex. App. Aug. 29, 2003).

Defective design of truck cab guard

Verdict, including punitive damages, on behalf of a man who suffered massive fatal crush injuries when the log truck he was driving tipped on its side, and some of the logs slid forward and penetrated the cab's occupant compartment. His mother sued the manufacturer of the cab guard, alleging it was defective and unreasonably dangerous in that it was not sufficiently strong to withstand the load. Plaintiff was represented by *J. Greg Allen and *Benjamin E. Baker Jr., both of Montgomery, Ala., and Clatus Junkin, Fayette, Ala.

Blair v. Pro Tech Indus., Inc., Ala., Lamar County Cir. Ct., No. CV-01-135, Aug. 29, 2003.

Federal court erred in deciding issue of fraudulent joinder, which was determination for state court

The Fifth Circuit Court of Appeals held that a federal district court had erred in determining that certain defendants in plaintiffs' vaccine-injury lawsuits had been fraudulently joined because the issue is a merits determination that must be made by the state court. Plaintiffs in this case were represented by *F. Gerald Maples and Scott Oliver Nelson, Pascagoula, Miss. Documents in this case are available through die Court Document Sets section in the back of this issue, courtesy of Mr. Maples.

Collins v. American Home Prods. Corp., 343 F. 3d 765 (5th Cir. 2003).

Failure to admit safety rules to show plaintiff deviated from rules was not reversible error

Reinstating a verdict for plaintiff, the Supreme Court of Oregon held that a trial court's possible error in failing to permit a defendant to admit evidence of a delivery company's internal safety rules to show that plaintiff deviated from the standard of care did not require reversal because the ruling did not substantially affect defendant's rights. Plaintiff was represented by *W. Eugene Hallman, Pendleton, Or. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Hallman.

Jett v. Ford Motor Co., 72 P.3d 71 (Or. 2003).