PRODUCTS LIABILITY

Law Reporter, Apr 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 airplane's vacuum pumps

Verdict for the estates and survivors of the late Missouri governor Mel Carnahan and his son, Randy Carnahan, who were killed when the plane in which they were riding crashed. Suit against the manufacturer of the plane's vacuum pumps, which powered the navigational equipment, alleged the pumps were defectively designed in that they failed in flight, shutting off power to critical instruments needed during poor weather and causing the pilot to become disoriented. Plaintiffs were represented by *Gary C. Robb and *Anita Porte Robb, both of Kansas City, Mo.

Carnahan v. Parker Hannifin Corp., Mo., Jackson County Cir. Ct., No. OOCV230733, Jan. 16, 2004.

Trial court properly excluded evidence of seat belt nonuse in negligent design claim

The First Circuit Court of Appeals held a trial court properly excluded evidence of lack of seat belt use for purposes of evaluating a negligent design claim or determining proximate causation. Plaintiff was represented by *Joseph F. McDowell III and David C. Dunn, both of Manchester, N.H. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. McDowell.

Connelly v. Hyundai Motor Co., 351 F.3d 535 (1st Cir. 2003).

Insufficiently strong roof on sport-utility vehicle

Verdict for a woman who suffered a spinal fracture resulting in incomplete quadriplegia when the 1996 Chevrolet S-10 Blazer sport-utility vehicle (SUV) in which she was riding rolled over and the roof crushed in. She sued the manufacturer of the SUV, alleging the roof was not strong enough to withstand the foreseeable forces of a rollover. Plaintiff was represented by * Michael J. Piuze, Los Angeles, Cal., and *Dan L. McCord, Lincoln, Neb. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Piuze.

Shiplerv. General Motors Corp., Neb., Lancaster County Dist. Ct., No. C100 3778, Sept. 26, 2003.

Fraudulent concealment of cigarettes' health hazards

Verdict, including punitive damages, for the wife and estate of a man who died of lung cancer after smoking cigarettes for 34 years. Suit against the manufacturer and two trade industry groups alleged defendants had known for decades that cigarettes are addictive and pose serious health risks but had concealed this information from the public. Counsel for plaintiff were *Gary J. Douglas and *Michael London, both of New York, N.Y.

Frankson v. Brown & Williamson Tobacco Corp., N.Y., Kings County Sup. Ct., No. 24915/2000, Jan. 9, 2004.

Plaintiffs established fact questions about warning's adequacy in suit alleging injury from antidepressant

The Tenth Circuit Court of Appeals held that a couple established genuine fact questions about the adequacy of a warning in their suit against the manufacturer of the drug Serzone alleging the man's use of the antidepressant caused him to suffer priapism-persistent, painful erection. Plaintiffs' counsel were Terence L. Moore, R. Lanahan Goodman, and *Robert N. Williams, all of Jackson, Wyoming.

Thom v. Bristol-Meyers Squibb Co., __ F.3d __, No. 02-8099, 2003 WL 22995555 (10th Cir. Dec. 22, 2003).

Comment: In McCombs v. Synthes (U.S.A.), 587 S.E.2d 594 (Ga. 2003), the Supreme Court of Georgia held a plaintiff in a suit alleging defects in a spinal plate could assert arguments on appeal concerning the learned intermediary doctrine even though she had not specifically raised them below. Plaintiff was represented by *Brian DeVoe Rogers, *Michael J. Warshauer, and *Lyle G. Warshauer, all of Atlanta, Ga. Documents in these cases are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Williams and Mr. Rogers.

Failure to warn of need for helmet while riding scooter

Settlement on behalf of a 6-year-old boy who suffered fatal head injuries when the nonmotorized mini-scooter he was riding was hit by a car. His father sued the the manufacturer of the scooter, alleging defendant had failed to warn of the need to wear a helmet. Plaintiff was represented by *Gregg Alan Stone, Newark, N.J.

Pino v. He Cheng Fa, Enters., N.J., Union County Super. Ct., No. L-3412-02, Oct. 9, 2003.

No preemption of claim against heart valve maker

A U.S. district court held claims against the manufacturer of an artificial heart valve are not preempted by federal law. Plaintiffs were represented by J. Gordon Rudd Jr. and *Charles S. Zimmerman, both of Minneapolis, Minn.; Steven E. Angstreich, *Michael Goren, and *Carolyn Lindheim, all of Cherry Hill, N.J.; *James T. Capretz, Newport Beach, Cal.; Joe D. Jacobson, St. Louis, Mo.; and * Patrick Murphy, Las Vegas, Nev. Documents in this case are available through the Court Document Sets section in the back of this issue, courtesy of Mr. Zimmerman.

In re: St. Jude Med., Inc. Silzone Heart Valves Prods. Liab. Litig., No. MDL 01-1396 JRTFLN, 2004 WL 45503 (D. Minn. Jan. 5, 2004).