Articles
California Supreme Court’s choice will increase costs to consumers
Yesterday the California Supreme Court denied the petition for review in Collins v. Navistar, Inc. The case started after a delinquent teenager hurled rocks off of an overpass at traffic below on an interstate highway. One 2.5 pound rock broke through a truck’s windshield, hitting the driver in the head, causing him to crash, ultimately ...
Articles
The outer limits of the blame game
William Aubin contracted mesothelioma in 2008, allegedly from working with joint compound and texture sprays produced by Georgia Pacific, and provided by Aubin’s employer. Those products contained asbestos, but Aubin alleged that their packaging did not warn users to wear masks to protect them from inhaling the product’s dangerous dus ...
Articles
Bare metal cannot cause asbestos-related diseases
Ronald Dummitt worked aboard Navy ships in the boiler rooms for two decades, during which time he was exposed to asbestos dust during the maintenance of valves and gaskets, some of which were insulated with asbestos-containing materials. Crane Co. manufactured some of the valves on which Dummit worked, none of which containing any asbestos what ...
Articles
Texas Supreme Court : No tort liability for intentional misuse of a Genie lift
Today, the Texas Supreme Court held in Genie Industries v. Matak that when people intentionally misuse a product in a way that is obviously dangerous, the manufacturer is not liable for the injuries that inevitably result from that intentional misuse. PLF filed an amicus brief in the case. The case arose when a church in … ...
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Florida Supreme Court “splits the baby” in products liability decision
Today, the Florida Supreme Court issued its opinion in Aubin v. Union Carbide, a case that recognizes limits to manufacturers’ liability. William Aubin brought the lawsuit after he contracted mesothelioma in 2008, allegedly from working with asbestos-containing joint compound and texture sprays produced by Georgia Pacific, and provided by Aub ...
Articles
California Supreme Court’s narrow ruling on the component parts doctrine
Flavio Ramos worked as a mold maker, machine operator, and laborer for Supreme Casting & Pattern, Inc., which manufactured metal parts through “a foundry and fabrication process,” from 1972 to 2009. During this time, the industrial processing of raw materials created fumes from molten metal and dust from the plaster, sand, limestone ...