Products Liability

Obtained affirmance by the Indiana Supreme Court granting a dismissal of their client, a remediation contractor in Indianapolis. The contractor disposed of a 12-tray food-grade dehydrator–the subject of a product liability claims against the manufacturer which was the primary culprit in burning down a house on Halloween in 2019. The Indiana Supreme Court found that the circumstances did not implicate any duty on the remediation company to preserve the dehydrator. This was the first time that the Indiana Supreme Court has ever addressed whether third-party spoliation is a viable claim in Indiana. 

A remediation company in their work on a burnt down house disposed of a dehydrator that was the possible cause of the fire. After disposal and after looking to pursue a product liability action against the dehydrator manufacturer, the insurer for the homeowner brought suit against the remediation company for spoliation. The trial court dismissed the case finding the circumstances do not implicate third-party spoliation. The Court of Appeals in Indiana, after oral argument in May 2023, affirmed the decision. The Supreme Court of Indiana vacated the Court of Appeals opinion, and after oral argument (November 2023), affirmed the decision of the trial court dismissing the case against the remediation company in a 4-1 to decision.

Defended farm equipment dealership in a products liability suit. Plaintiff was injured when a tractor he was operating flipped over while driving along a hill at his farm. Plaintiff blamed a negligently designed tire and rim. Plaintiff sued the tractor manufacturer, the company that made the tires, and our client, the dealership. Our client was dismissed on summary judgment as the Plaintiff had waived any breach of warranty claim against the dealership upon execution of the sale documents. All warranty claims transferred to the manufacturer at that point. Summary judgment was upheld on appeal by the Kentucky Court of Appeals, and subsequent review by the Kentucky Supreme Court was denied.

Plaintiff claimed a mobile shopping cart was negligently designed causing her to fall. Plaintiff suffered a severe humerus fracture that required extensive surgery. Federal Court granted summary judgment after it was proven that Plaintiff had failed to show evidence of a design defect.

Defense negligence claim brought by a Plaintiff who asserted that she sustained an electrical shock while occupying a fair ride operated by client.

Prosecution of subrogation action involving fire caused by product defect

Arbitration defense of medical device (rolling walker) product liability personal injury claim (Nixon & Co.)

Arbitration defense of products personal injury liability claim

Defense of product liability claim

Defense of product liability claim 

Stephen Culler v. WMK, Inc., et al

Plaintiff appealed adverse trial court judgment in products liability personal injury claim

Arbitration defense of lemon law an breach of express
warranty claim

Defense of products liability matter

Defense of breach of express and implied warranty and Consumer Sales Practices Act Claim product liability

Defense of products liability personal injury claim

Class action claims for agricultural nuisance and product liability

Defense of breach of auto warranty and Lemon Law claim

Class action claims for agricultural nuisance and product liability

Defense of products liability Lemon Law case

Defense of property damage products warranty lemon law liability claim

Nicki Hawkins, et al., v. World Factory, et al.

Plaintiffs appealed adverse trial court judgment in products liability case

Arbitration defense of property damage products liability case

Defense of product liability personal injury and property damage claim

McCarthy v. Sterling Chemicals Inc., et al.

Tank car manufacturer appeals trial court’s grant of new trial to personal injury plaintiff.

Arbitration - Defense of property damage product liability claim

Defense of products liability personal injury.

Defense of products liability claim of ATV purchase.

Defense of auto liability design wrongful death claim

Defense of catastrophic injury claim in products liability case