Represented a manufacturer of air conditioning equipment in a highly unusual claim in which the plaintiff alleged property damage to a valuable art collection and that her husband developed cancer because a defect in their air conditioner and gas furnace created toxic fumes that entered their home. At trial, the court dismissed the case at the end of the plaintiff’s testimony.
Represented a medical device manufacturer of silicone breast implants in numerous cases in which plaintiffs alleged they developed autoimmune diseases as a result of having the implants.
Obtained summary judgment on behalf of a skid steer loader manufacturer in a products liability action. In this case, the plaintiff, who was standing near the machine, was hit in the head when the machine’s operator accidentally hit the control panel causing severe brain injury to the plaintiff. The claims were dismissed on the theory that the plaintiff was not an intended user of the product.
Represented the distributor of a bulletproof vest in a products liability action. A police officer, while wearing the vest, was shot and the bullet penetrated the vest. The manufacturer of the vest and the manufacturer of the nylon fabric joined in a defense to the suit claiming it was the fault of the distributor for failing to properly store the vest. After conducting extensive discovery, the court found that the distributor did nothing to change the composition of the vest to make it less effective. Following an initial demand of $1 million, the distributor’s share of the settlement was $10,000.
Defended and successfully settled products liability claims asserted against a manufacturer of scaffolding products/materials.
Secured a favorable settlement on behalf of a world-wide manufacturer of electrical transmission products in two separate actions. Fire erupted in a commercial building in which one worker was killed and the other was severely injured. The plaintiffs claimed the fire was caused by a defective component part produced by the manufacturer and filed suit alleging negligence, products liability and breach of warranty and sought wrongful death and survival action damages with extensive economic loss claims. Defendant argued that the product performed as it was intended to be used and that the fire was caused by human error.
Secured a defense verdict in the United States District Court for the Northern District of West Virginia in a products liability suit on behalf of an international designer and manufacturer of coating equipment. While cleaning a machine, the plaintiff’s hand was trapped in a roller resulting in a partial amputation. Defendant successfully argued that the plaintiff assumed the risk.