Diet Drug Litigation
This multi-year representation included defense of a proposed statewide class action, and dismissal of a proposed medical monitoring class affirmed by the Kentucky Supreme Court. Significant experience in MDL practice and the interplay between state court cases and MDL cases.
Air Medical Transport Company
The plaintiff was involved in a serious accident in which he drove his motorcycle into the back of a slow-moving vehicle, was thrown from his motorcycle, and sustained multiple injuries, including a traumatic brain injury. He was transported via helicopter to a regional hospital for emergency treatment. The plaintiff alleged that our client, the operator of the air medical helicopter and its emergency medical personnel, improperly administered oxygen during the flight causing the plaintiff to sustain an anoxic brain injury. Experts for the defense testified that our clients did not breach the standard of care and that there was no evidence of an anoxic brain injury. After discovery and motion practice, we successfully negotiated a settlement for our client.
Defended Appliance Manufacturer in Product Liability Case
The plaintiff alleged that his house caught fire and sustained significant damage due to a fire that originated in a toaster that was manufactured by our client. Due to a lack of supporting physical evidence, the case was voluntarily dismissed by the plaintiff.
Defended ATV Manufacturer in Product Liability Case
Plaintiff alleged that the decedent died as a result of injuries that he sustained in an ATV accident and that the ATV was defectively designed. Because there were no witnesses to the accident and the operator was unable to testify, the federal court granted summary judgment to our client while finding that there was insufficient proof that a rollover had even occurred, much less that there was a defect which caused a rollover. The Sixth Circuit Court of Appeals affirmed.
Defended Manufacturer of Marine Steering Cables in a Product Liability Case
The plaintiff was injured when he ran his fishing boat onto the shore of a river. He sustained head injuries and his passenger was ejected. The plaintiff alleged that the boat’s steering cable failed causing him to lose control of the boat. After discovery and motion practice, we successfully negotiated a settlement for our client shortly before trial.
Defended Motor Vehicle Manufacturer in Product Liability Case
Plaintiff was injured in a collision with another driver’s vehicle. She alleged that her injuries were enhanced by the deployment of the airbag that was in the vehicle she was operating. Plaintiff was unable to show the existence of a defect even with her expert’s testimony and our client was awarded summary judgment.
Defended Retailer of Christmas Tree Lights in Product Liability Case
A fire in an apartment complex that resulted in multiple deaths allegedly started when a Christmas tree caught fire. The plaintiffs alleged that the lights on the tree were defective and that this defect caused the fire. The plaintiffs had purchased lights from several retailers over the years and filed suit against all of them. Because the plaintiffs could not show where the allegedly defective lights were purchased, the court granted summary judgment to our clients. The Kentucky Court of Appeals affirmed.
Defended Transportation Company in Highway Collision
Our client, a national transportation company, was awarded a verdict on its behalf in federal court. The case involved a question of who was at fault in a significant head-on collision. After several days of trial, the jury returned a verdict for our client.
The plaintiff filed suit claiming that our client, a retailer of parts and equipment used in lawn maintenance, had violated anti-trust laws under the Robinson-Patman Act. Our client was awarded summary judgment in federal court and the Sixth Circuit Court of Appeals affirmed.
The plaintiffs alleged that they suffered carbon monoxide poisoning as a result of a CO leak in their furnace. After testing of the furnace by the experts found no leak in the unit and no defect, we successfully negotiated a settlement.
Lawn Mower Manufacturer
The plaintiff was injured when he operated his zero-turn mower up a hill resulting in a front-end rollover. The plaintiff alleged that the mower was defective because it did not have a rollover protection system. After extensive discovery, we successfully negotiated a settlement for our client shortly before trial.