PRODUCTS LIABILITY

Law Reporter, Mar 2004

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.

Defective design of aftermarket fuel tank selector valve

Verdict on behalf of a girl who was killed when a fire erupted in the pickup truck in which she was riding. Her parents filed suit against the manufacturer of an aftermarket fuel tank selector valve that had been installed in the truck, alleging defective design and marketing. Plaintiffs alleged the valve had to be installed and connected to the truck's plastic fuel lines by cutting the lines and adding a flexible rubber fuel hose, resulting in an unsafe condition prone to leaking. Plaintiffs in this case were represented by *Joe Ruiz, * Robert W. Lee, *Cgc Ritchie, and Maribel Flores, all of Eagle Pass, Tex.; and Thomas H. Crofts Jr., San Antonio, Tex.

Mata v. Stoneridge, Inc., Tex., Maverick County 365th Jud. Dist. Ct., No. 01-11-17707-MCV, Nov. 20,2003.

Failure to warn of risks posed by asbestos in gaskets Verdict on behalf of a former pipe fitter who died of mesothelioma after long-term exposure to asbestos in gaskets. His wife, individually and on behalf of his estate and survivors, sued the manufacturer of die gaskets, alleging defendant had known of the health risks posed by the asbestos in its gaskets but had failed to warn of die hazard. Plaintiffs were represented *Rick I. Nemeroff, *Ladd R. Gibke, and *D. Carl Money, all of Cleveland, Ohio.

Blandford . Garlock Sealing Techs., LLC, Ohio, Cuyahoga County C.C.P., No. 437948, Nov. 21, 2003.

Failure to recommend protective equipment with use of polyurethane adhesive

Settlement for a man who suffered lung, skin, and eye damage after using a polyurethane adhesive spray periodically for six months to a year to apply tiles to roofs. he sued the company that manufactured the adhesive, alleging defendant had failed to provide or recommend use of protective gloves, goggles, and respirators despite the known danger of exposure to polyurethane products. Plaintiff was represented by *Jed Kurzban and Seth Z. Joseph, both of Miami, FIa.

Chavez v. Polyfoam Prods., Inc., FIa., Miami-Dade County Cir. Ct., No. 99-25047 CA-22, Sept. 24, 2003.

Defective seat back recliner mechanism in pickup truck

Verdict, including punitive damages, for a woman who suffered spinal injuries resulting in quadriplegia when the seat back recliner in her 1996 Dodge Ram pickup truck broke during a low-speed collision, causing her seat to collapse backward and allowing her to ramp rearward into the back of the cab. She and her husband sued the truck manufacturer, alleging the seat was defective hi diat a bracket in the recliner mechanism fractured, permitting tine seat to collapse backward. Plaintiffs were represented by *A. Thomas Cole, Casa Grande, Ariz.; and *Barry A. MacBan, Tucson, Ariz.

Douglas v. DaimlerChrysler Corp., Ariz., Maricopa County Super. Ct., No. CV2001-019659, Nov. 24, 2003.

Dangerously low placement of windows in streetcar

Verdict for a young girl who suffered severe crush injuries and a closed-head injury when she fell out the side window of a streetcar. Her parents sued the companies that owned and operated the streetcar, alleging that die windows were too low to be safe for children. Specifically, plaintiffs claimed the operator of die car had refurbished it before the accident and represented that it was in nearly new condition and was therefore responsible under state law as having "remanufactured" the car. Plaintiffs here were represented by *Johnnie L. Cochran Jr., New York, N.Y.; Eric G. Ferrer, Los Angeles, Cal.; and *Robert G. Harvey Sr. and W. Patrick Klotz Jr., both of New Orleans, La.

Schweitzer v. Transit Mgmt. of Southeast La., La., Orleans Parish Dist. Ct., No. 98-4827, Aug. 28, 2003.