PRODUCTS LIABILITY

Law Reporter, May 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.

Lack of tip guards on folding cafeteria table

Settlement for the estate of a 5-year-old boy who died after he leaned against a folded-up cafeteria table and it tipped over on him. His mother, on behalf of his estate, sued the manufacturer, alleging the table was defectively designed in that it was prone to tipping when stored in the upright position. Plaintiff also alleged failure to provide tip guards. *Tom Kline and *Matthew A. Casey, both of Philadelphia, Pa., represented plaintiff.

Uberti v. School Dist. of Phila., Pa., Phila. County C.C.P., Feb. Term 2001, No. 899, Jan. 27, 2004.

Failure to provide three-point restraint in minivan

Verdict, including punitive damages, on behalf of a boy who suffered a severed spinal cord resulting in paraplegia and other internal injuries when the 1996 Ford Windstar minivan in which he was riding struck a roll of steel that had fallen onto the highway, and he flexed over the van's lap belt. His parents, individually and on his behalf, sued the manufacturer of the van, among other defendants, alleging it was defectively designed in that the rear center seat had only a lap belt, rather than a three-point lap belt and shoulder harness combination restraint. Plaintiffs were represented by *Thomas V. Girardi and *David R. Lira, both of Los Angeles, Cal.

Karlsson v. Ford Motor Co., Cal., Los Angeles County Super. Ct., No. PC 019980 X, Nov. 6, 2003.

Unsafe location of co-extruder machine's transformer

Structured settlement for the family of a man who was electrocuted while servicing a co-extruder machine when he accidentally touched the energized transformer. His wife and children sued the manufacturer and its parent company, alleging the location of the transformer limited safe access to other components. Suit also alleged the machine lacked adequate warnings of the electrocution risk and protective barriers to prevent accidental contact with energized components. Counsel for plaintiffs were *Robert E. Ammons, Tammy Tran, and Pete Mai, all of Houston, Tex.

Nguyen v. Davis-Standard Corp., Tex., Harris County 152d Jud. Dist. Ct., No. 2000-63607, Nov. 12, 2003.

Lack of guard over riding lawn mower's engine

Settlement and verdict on behalf of a boy who suffered severe crush and degloving injuries to his hand when the riding lawn mower he was walking behind stopped and he reached out to catch himself with his hand, which entered the engine's rotating air-intake screen. His parents sued the companies that manufactured the engine and the mower, as well as the mower's retailer, alleging it was defectively designed in that it lacked a guard over the engine. Plaintiffs were represented by *Brett A. Weinberg and *Sagi Shaked, both of Coral Gables, Fla.

Marcotte v. Kohler Co., Fla., Miami-Dade County Cir. Ct., No. 98-30113-CA-02, Jan. 12, 2004.

Lack of limit switch in power stacker forklift

Settlements and verdict for a man who suffered spinal injuries resulting in paraplegia when he turned the twist-grip handle on a power stacker forklift to move it forward, and the machine went into wide-open throttle. The mast of the machine struck an overhead structure while the lower part continued forward, causing the machine to tip back onto him. He and his wife sued the manufacturer of the forklift, alleging it lacked a limit switch to prevent the machine from moving at high speed with the forks raised. Suit against the company responsible for maintaining the machine alleged it had replaced component parts affecting acceleration and handling with parts not called for in the manufacturer's repair manual, causing the handle to react in a hair-trigger manner when turned only part way. Plaintiffs were represented by *John C. Taylor, Los Angeles, Cal.

Munoz v. Sierra Autocars, Cal., Los Angeles County Super. Ct., No. GC024081, Feb. 10, 2004.

Lack of crossover platform on overhead crane

Settlement for a man who suffered brain damage when he fell from an overhead crane's 8-inch eye beam channel support. He sued the companies that designed and manufactured the crane, alleging it was defective in that it lacked a crossover platform to enable him to get from one side of the crane to the other for maintenance and servicing. Plaintiff was represented by *Richard M. Jurewicz, Philadelphia, Pa.

Kronk v. Philadelphia Tramrail Co., Pa., Phila. County C.C.P., Sept. Term 2000, No. 2197, Jan. 6, 2004.

Lack of backup switch in truck's cruise control system

Verdict for a man who suffered breaks and severe crush and degloving injuries to his arm, requiring its amputation above the elbow, when he braked to slow his tractor-trailer during a curve and the cruise control failed to disengage. He sued the manufacturer of the truck, alleging the cruise control system was defectively designed in that there was only one switch to alert the system when the brake was depressed. Plaintiff claimed there should have been a backup switch in case the first switch failed. Plaintiff was represented by *John S. Bagby, Philadelphia, Pa.