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Articles Posted in Product Defect Litigation

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U.S. Court of Appeals Affirms Summary Judgment Barring Expert Witnesses Under Daubert

S.V. and Hemalatha Gopalratnam sued the laptop manufacturer Hewlett-Packard claiming that its battery pack maker, DynaPack Technology Corp. and battery cell manufacturer, Samsung SDI Co. Ltd. were a cause of the death of their son, Arun Gopalratnam who died in a fire in the basement bedroom of the Gopalratnam’s home.…

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Illinois Appellate Court Affirms Foreign Bicycle Manufacturer Will Remain in Cook County Lawsuit

The Illinois Appellate Court for the 1st District has held that a Taiwanese bicycle company will remain a party defendant in a lawsuit filed by an Illinois resident who was injured after the fork of her bicycle snapped in half without warning. The appeals panel has found that Giant Manufacturing…

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U.S. Court of Appeals Reverses Product Liability Case for Design Defect Claims Under Both Strict Liability and Negligence

Juan Suarez used Goof Off, an extremely flammable product made by the defendant W.M. Barr & Co., to remove paint from a basement floor. While he was removing the paint, a fire erupted in the basement and severely burned him. Suarez and his wife sued W.M. Barr claiming it chose…

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Illinois Appellate Court Affirms Dismissal of Worker’s Injury

On April 2, 2009, Michelle Odom was filing a document at a storage tower near her workstation in the Chicago Mercantile Exchange when her phone rang. She turned to answer her phone, but the knit sleeve of her sweater caught on the open drawer of the storage tower. The tower…

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U.S. Court of Appeals Reverses Judge’s Refusal to Allow Law Firm in Personal Injury of a Minor to Receive One-Third of the Gross Settlement

The law firm of Williams, Bax & Saltzman P.C. represented Cole Goesel and his parents in a personal injury lawsuit that settled before trial. Because Cole was a minor, the law firm needed judicial approval to finalize the settlement. The parties’ contingent-fee agreement entitled the law firm to one-third of…

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U.S. Court of Appeals Finds That Circumstantial Evidence Without an Expert Insufficient in Automobile Design and Manufacturing Defect Case

U.S. Court of Appeals for the Seventh Circuit in Chicago has affirmed a decision by the district court judge regarding circumstantial evidence without an expert witness. In this case, the plaintiffs, Howard Piltch and Barbara Nelson-Piltch, were driving in their 2003 Mercury Mountaineer in 2006 when they were involved in…

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US Federal Highway Administration Asked to Investigate Defective Guardrail System

Six United States senators have asked the Federal Highway Administration to investigate the safety of roadside guardrails. This request was made on March 4, 2015, and it is the latest of a series of inquiries made regarding the guardrails manufactured by Trinity Industries Inc. The questions about the guardrail system…

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Illinois Appellate Court Reinstates Product-Liability Claim Against Distributor

The Illinois appellate court has reinstated a product-liability lawsuit against a distributor in which there was a default judgment against the manufacturer of the product. In this case, the manufacturer was not subject to jurisdiction, and the plaintiff wasn’t able to satisfy the judgment. Nevertheless, the court ruled that the…

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Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction

Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…

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State Supreme Court Reverses Trial Court’s Denial of Summary Judgment in Single Car Crash on Highway

In the early morning hours of April 19, 2010, Chantel Jobes was driving a vehicle alone and left the southbound lane of Highway 11, crossed the northbound lane and crashed into a concrete railroad trestle. Jobes was seriously injured and filed a lawsuit against the Norfolk Southern Railway Co., the…

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