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Tag Archives: products liability

Negligence: Products Liability-Defective Design-Failure to Warn

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 ...

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Civil Practice: Failure to State Claim-Default Judgment-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 ...

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Torts: Products Liability- Default Judgment- Service of Process on Defunct Company

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 ...

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Torts: Products Liability -Default Judgment -Service of Process on Defunct Company

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 ...

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Negligence: Products Liability- Jury Instruction- Design Defect

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 ...

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