Representative Reported Cases
Toyota Motor Corp. v. Gregory, 136 S.W.3d 35 (Ky. 2004). Airbag deployment injury case. Defense verdict at trial, affirmed by the Kentucky Supreme Court. Issues on appeal involved Daubert review of expert testimony and requirement of proof of an alternative feasible design. David Schaefer argued the case on appeal.
Early v. Toyota Motor Corp., 2008 U.S. App. LEXIS 10383 (6th Cir. 2008). Double fatality carbon monoxide poisoning case brought against vehicle manufacturer. The Sixth Circuit affirmed the trial court’s exclusion of plaintiffs’ expert under Daubert and affirmed summary judgment for manufacturer. David Schaefer argued the case on appeal.
Smith v. Toyota Motor Corp., 2004 U.S. Dist. LEXIS 14892 (6th Cir. 2004). Rollover roof crush case. Defense verdict at trial affirmed on appeal. Issues on appeal included evidence of fault of driver in crashworthiness case. David Schaefer argued the case on appeal.
Messerly v. Nissan North America, Inc., 2011 Ky. App. LEXIS 234 (Ky. App. 2011). Product liability case alleging that child’s death was caused by absence of rear camera in sport utility vehicle. David Schaefer argued the case on appeal.
Burrows v. General Motors Corp., 1993 U.S. App. LEXIS 17673 (6th Cir. July 6, 1993). Motor vehicle product liability case tried to defense verdict. Issues on appeal involved the admissibility of expert testing and hearsay evidence. David Schaefer argued the case on appeal.
Nissan Motor Co. v. Maddox, 486 S.W.3d 838 (Ky. 2015). Automotive crashworthiness case alleging restraint system and seat design defects. On appeal, the Kentucky Supreme Court vacated the punitive damages award because automaker met or exceeded FMVSS requirements and there was no evidence of gross negligence or reckless disregard.
General Electric Co. v. Cain, 236 S.W.3d 579 (Ky. 2007). Represented multiple defendants in asbestos premises liability case. The appeal resulted in a significant opinion by the Kentucky Supreme Court applying the exclusive remedy provisions of the Kentucky workers compensation act, known as the “up the ladder” defense.
Wood v. Wyeth-Ayerst Laboratories, 82 S.W.3d 849 (Ky. 2002). Diet drug case in which plaintiff sought a class action for medical monitoring. Summary judgment at trial affirmed by the Kentucky Supreme Court, which held that there is no claim for medical monitoring in Kentucky absent a present physical injury.
Walker v. Philip Morris USA Inc., 610 F.Supp.2d 785 (W.D. Ky. 2009). Multiple fatality house fire allegedly caused by careless smoker. Motion to dismiss granted in favor of cigarette manufacturer.
Siegel v. Dynamic Cooking Systems, Inc., 2012 U.S. App. LEXIS 20416 (6th Cir. 2012). Product liability case involving burn injuries caused by gas leak in oven. Summary judgment in favor of oven component part manufacturer affirmed on appeal.
Williams v. Toyota Motor Sales, U.S.A., Inc., 2012 U.S. Dist. LEXIS 6724 (E.D. Ky. 2012). Summary judgment entered in favor of vehicle manufacturer due to insufficient evidence presented by plaintiff to support product liability claim.
McGuire v. Lorillard Tobacco Co., 2014 Ky. App. LEXIS 25 (2014) (unpublished). Asbestos product liability case. Defense verdict at trial in favor of cigarette manufacturer affirmed on appeal.
Hiser v. Seay, 2014 U.S. Dist. LEXIS 168429 (W.D. Ky. 2014). Product liability suit against vehicle manufacturer. Successful removal of case to federal court more than one year after suit was filed based upon “bad faith exception” of 28 U.S.C. 1446(c)(1).
Electric Insurance Co. v. Freudenberg NOK General Partnership, 487 F.Supp.2d 894 (W.D. Ky. 2007). Complex subrogation and indemnity action against manufacturer of dishwashing machine component part. Summary judgment opinion held that common law indemnity actions are governed by the five year limitations period set forth in KRS 413.020(7), even if the claim is based on breach of contract rather than tort.
Burns v. Wyeth, Inc., 352 F.Supp.2d 773 (E.D. Ky. 2004). Diet drug case successfully removed to federal court due to fraudulent joinder of sales representative.
Kenworth of Indianapolis, Inc. v. Seventy-Seven Ltd., 51 N.E.3d 454 (Ind. App. 2016). Commercial case involving truck warranties.
Childress v. Interstate Battery System of America, Inc., 2010 U.S. Dist. LEXIS 13897 (W.D. Ky. 2010). Product liability suit against battery manufacturer. Motion to dismiss granted on breach of warranty claim due to lack of privity of contract, and on tort claim due to expiration of statute of limitations.
State Farm Mutual Auto Ins. Co. v. Norcold, Inc., 849 F.3d 208 (6th Cir. 2017). Product liability case involving recreational vehicle fire allegedly caused by defective RV refrigerator. The issue involved application of the economic loss rule to consumer products.
Rutherford v. Goodyear Tire and Rubber Co., 943 F.Supp. 789 (W.D. Ky. 1996). Summary judgment entered in favor of vehicle manufacturer based upon application of Indiana’s statute of repose.
General Motors Corp. v. Herald, 833 S.W.2d 804 (Ky. 1992). Motor vehicle product liability case involving dispute over alleged verbal settlement agreement prior to trial.