A Jackson County circuit judge gave final approval on Aug. 30 to a $56 million class-action settlement that will help state and local agencies recover the costs of replacing faulty roadway safety equipment.

Tagged with: products liability vs

Where the owner of an ethanol production facility sued the manufacturer of a regenerative thermal oxidizer for negligence and products liability after an explosion and fire, the owner submitted sufficient evidence of a defective design to survive summary judgment, so ...

Tagged with: defective design Failure To Warn products liability

Where a plaintiff, who brought claims against the maker and seller of a neck brace alleging it caused or failed to protect him from serious injury, challenged the grant of the defendant’s motion to dismiss for failure to state a ...

Tagged with: Default Judgment Failure To State Claim products liability

Defendant was a defunct corporation sued by plaintiff for alleged defects in safety equipment manufactured by defendant. Defendant’s former president continued to accept service of process at his residence, but after his death defendant made no arrangements for alternative service ...

Tagged with: Default Judgment products liability Service of Process on Defunct Company Torts

Where service was merely delivered to the doorman of the residence of a defunct corporate defendant’s de facto agent for service of process, district court erred in granting default judgment because service was insufficient. Judgment is reversed. Bell v. Pulmosan ...

Tagged with: Default Judgment products liability Service of Process on Defunct Company Torts

Where a truck driver who was injured when he fell while tightening a part on his truck sued the manufacturer and received a partial verdict, the judgment is reversed and remanded for a new trial because the trial court erred ...

Tagged with: Design Defect Jury Instruction Negligence Personal Injury & Torts Law products liability

Hopfer v. Neenah Foundry Company (MLW No. 68345/Case No. ED101754 – 23 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.)

Tagged with: affirmative defense Negligence products liability

American Automobile Insurance Company v. Omega Flex, Inc. (MLW No. 67682/Case No. 14-1783 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)

Tagged with: expert testimony Negligence products liability

Loomis v. Wing Enterprises, Inc. (MLW No. 66568/Case No. 13-2332 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Bye, J.)

Tagged with: exclusion of evidence Negligence products liability

Johnson v. Mead Johnson & Company (MLW No. 66480/Case No. 13-1685 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)

Tagged with: expert testimony Negligence products liability

Mack v. Stryker Corporation (MLW No. 66390/Case No. 12-3130 – 18 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)

Tagged with: Design Defect Failure To Warn Negligence products liability