Mississippi Supreme Court Affirms Compensatory Damage Award for Asbestos Exposure But Remands for New Punitive Damages Trial
Posted on Jun 6, 2014
The Supreme Court of Mississippi yesterday upheld a jury’s $250,000 compensatory damages award in favor of a worker for exposure to a chemical company’s asbestos-containing products used to increase the viscosity of drilling mud. The court, however, reversed a $500,000 punitive damages award and remanded the case for a new trial to determine the appropriate amount of punitive damages. The trial court found the chemical company liable for inadequate warnings and design defects under the Mississippi Liability Act. On appeal, the court concluded that the defendant did not prove that it...
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Supreme Court of Virginia Reverses Verdict for Autopilot Manufacturer and Remands Case
Posted on Jun 6, 2014
The Supreme Court of Virginia reversed a judgment in favor of an autopilot system manufacturer in a case involving consolidated wrongful death actions arising from a small airplane crash. In the court’s opinion that was released yesterday, the court concluded that an accident investigation report should not have been admitted into evidence pursuant to the learned treatise exception of the hearsay rule because it was not a published treatise, periodical, or pamphlet, nor was it merely cumulative of other competent evidence. The court indicated that the admission of this report alone...
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Indiana Court Kicks Products Liability Case Against Prosthetic Hip Manufacturer to Virginia or Mississippi
Posted on Jun 4, 2014
In a products liability action over recalled prosthetic hip implants, nineteen plaintiffs from Virginia and Mississippi filed claims in Indiana state court. The defendant manufacturer argued that the forum was inappropriate because the medical procedures to install the prosthetics were all conducted in Virginia or Mississippi, all Plaintiffs resided in Virginia or Mississippi, and the defendants were willing to waive all jurisdictional or limitations defenses if the plaintiffs re-filed in Virginia or Mississippi. The trial court denied the manufacturer’s motion to dismiss based on forum...
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Kentucky Court Grants Summary Judgment to Motocross Promoter on Gross Negligence Claims After Mechanic’s Injury
Posted on Jun 4, 2014
A mechanic was injured when an out-of-control motocross bike careened into the starting area where he was watching the race. He brought negligence claims against the event promoter, alleging the promoter told him to stand in an obviously dangerous area. The U.S. District Court for the Eastern District of Kentucky dismissed the plaintiff’s action on summary judgment, where the only issue left to determine was whether the defendant acted with willful and wanton negligence (Kentucky law defines gross negligence as the “absence of slight care” and willful and wanton negligence as “the entire...
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Bulk of Class Action Against Car Manufacturer for Defective Navigational/Entertainment System Allowed To Proceed
Posted on Jun 4, 2014
In a putative class action brought against a car manufacturer for fraud and breach of warranty claims in fifteen states, the U.S. District Court for the Northern District of California denied the manufacturer’s motion to dismiss with respect to most claims. The case alleges that the manufacturer’s navigation/entertainment system, which allows for control of multiple car functions including the rear defroster and rearview camera, is defective and that the company knew it was defective at the time the cars containing the system were sold. The plaintiffs allege that the problems with the...
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California Jury Levies $10.9 Million Verdict Against Manufacturer
Posted on Jun 3, 2014
According to Law360, a Fresno, California jury returned a $10.9 million verdict against a global manufacturing company on Monday for the family of a man who allegedly died from mesothelioma after exposure to asbestos-containing products while fixing old cars and trucks. The verdict included a $3.5 million award of punitive damages and is likely to be appealed.
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Louisiana Federal Court Tosses Tally Man’s Asbestos Exposure Claims Against Railroad
Posted on Jun 3, 2014
Last week, the U.S. District Court for the Middle District of Louisiana dismissed state common law tort claims brought by a husband and wife against a railroad for injury to the husband as a result of exposure to products containing asbestos. At the time of the alleged exposure, the husband worked for Baton Rouge or the Greater Baton Rouge Port Commission as a tally man in shipyards along the Mississippi River. His job required boarding railcars under the custody or control of the railroad to inspect, count, tally, and verify cargo placed or to be placed in the railcars. The plaintiffs...
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