Product Liability

Experience

Lewis v. Synthes, et al.

Dinsmore & Shohl represented Synthes, a medical device manufacturer, in the Ohio cases involving alleged injuries from the use of pedicle screws.  The cases were dismissed.

A Long History as Trusted Counsel

Client: The Procter & Gamble Company
Dinsmore has a long history as trusted legal counsel to P&G.

As one of the world’s largest and most trusted companies, Procter & Gamble has no shortage of legal needs. Whether seeking counsel on corporate strategy, navigating real estate transactions or protecting their shareholders’ assets, P&G relies on its legal counsel to keep its business running efficiently. That’s why, for nearly 100 years, the consumer products giant has turned to Dinsmore.

“Dinsmore knows our business and understands our culture,” said Debbie Majoras, Chief Legal Officer for P&G.  “They remain a trusted ally for us because they are committed to our goals, our company’s success and meeting our legal needs. They bring tremendous value, and we enjoy working with them.”

Dinsmore works closely with P&G’s in-house lawyers to provide an array of services, from advising on all manners of contracts and agreements to corporate and securities counseling to handling real estate matters throughout the country. Dinsmore has also represented P&G in a variety of litigation matters over many years, including handling sophisticated product liability, class action, intellectual property and other complex commercial matters.

“Dinsmore is efficient and responsive, and we can count on great partnership and top quality work when we come to them,” said Majoras. “We truly value the special relationship we have built with them."

“Wrongful Living” Lawsuit

We successfully argued for our client, a hospital, before the Ohio Supreme Court that a “wrongful living” claim could not be presented in connection with resuscitation by a healthcare provider.

Video Games Litigation

Successful defense of creator/manufacturer of video games in which the parents of decedents of a high school shooting claimed that the students were shot by a young man who was addicted to violence by video games and movies.

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.

Personal Injury Matter Relating To a Hand-Held Mixer

We represented a major household product manufacturer in a personal injury matter in Hamilton County, Ohio. The Plaintiff alleged she had suffered significant injuries when operating a hand-held mixer. The case went to trial. By utilizing effective presentations from our expert witnesses, including a live demonstration for the jury, and cross-examination of the Plaintiff and her expert witnesses, we were able to obtain a defense verdict on behalf of our client.

Product Liability Defense of Industrial Equipment Manufacturer Against Claims of Defective Design Involving Bucket Truck

We represented a man-lift manufacturer in a product liability case where plaintiff’s husband died in accident while operating an industrial bucket truck. The plaintiff alleged that the bucket truck should have been equipped with a strain gauge load cell system. The plaintiff filed claims for negligence, strict liability and breach of warrant against our client. After successfully obtaining dismissal of plaintiff’s manufacturing defect claim, we filed Daubert motions to exclude plaintiff’s experts arguing her experts were unreliable. Concurrently, we filed a motion for summary judgment. The state court judge granted both the Daubert motion and summary judgment motion in favor of our client.

In re Bendectin Product Liability Litigation

Defense of Merrell Dow in several thousand suits alleging that birth defects were caused by the prescription anti-nausea medication, Bendectin. Numerous summary judgments and jury verdicts obtained in favor of Merrell Dow.

In re: Diet Drugs (Phentermine/Fenfluramine/Dexfenfluramine) Product Liability Litigation

Represented a generic drug manufacturer in thousands of product liability cases where plaintiffs alleged pulmonary and cardiac injury from ingestion of diet drugs. The cases were pending in federal multidistrict litigation proceedings in E. D. of Pennsylvania, and in various state courts in Texas, Alabama, Mississippi, Louisiana, Pennsylvania and California.

MDL 1407: In re: Phenylpropanolamine Product Liability Litigation

Served as national coordinating counsel for Procter & Gamble Distributing Company and Procter & Gamble Pharmaceuticals, Inc. in personal injury cases where plaintiffs alleged injury from the ingestion of over the counter and prescription cough/cold medications. The cases were filed in federal multidistrict litigation proceedings in the W. D. of Washington, and in various state courts.

Personal Injury/Product Liability

We represented a major motorcycle manufacturer in a personal injury product liability case in Montgomery County, Ohio. After conducting some preliminary discovery, and after arranging for an inspection of the product by expert witnesses, we were able to persuade the Plaintiff’s counsel to voluntarily dismiss the litigation.

Published Decisions - State of Ohio

Selected published decisions - State of Ohio:

• Scherpenberg v. City of Mason, 12th Ohio Appellate District, CA2011-02-017 (12-5-11).
Discretionary appeal denied 131 Ohio St. 3d 1499 (2012). Upholding dismissal of employment-related claims against the City by former Clerk of Courts.

• Lowe v. Cincinnati Inc., 124 Ohio St. 3d 204 (November 12, 2009).
Upheld termination of permanent total disability benefits.

• Blauvelt v. City of Hamilton, 12th Ohio Appellate District, CA2008-07-174 (June 15, 2009); Discretionary appeal denied (October 14, 2009).
Reversing trial court -- Assistant law director is not entitled to civil service protection.

• Perkins v. Live Nation, 1st Ohio Appellate District, C-080809 (May 13, 2009),
Summary judgment upheld--premises owner not liable in slip and fall case.

• Mitchell v. City of Blue Ash, 1st Ohio Appellate District, C-080657 (April 24, 2009); Discretionary appeal denied (August 26, 2009).
Summary judgment upheld--recreational use immunity bars claims against The City.

• Sexton v. City of Mason , 117 Ohio St. 3d 275 (2008).
Summary judgment upheld--city not liable for flooding on homeowners’ property and claim of permanent trespass.

• Williams v. City of Hamilton, Twelfth Appellate District, CV 2005-09-3061 (July 21, 2008); Discretionary appeal denied (December 3, 2008).
Summary judgment upheld--city not liable for intentional tort involving employee with 2nd and 3rd degree burns over large percentage of his body.

• Crosset v. Marquette, First Appellate District, 2007 Ohio 550 (February 9, 2007); Discretionary appeal denied 114 Ohio St. 3d 1428, (2007).
Summary Judgment upheld--officer did not engage in malicious prosecution.

• State ex rel. Hiatt v. Indus. Comm’n., 99 Ohio St. 3d 32; (2003).
Supreme Court affirmed industrial commission award of minimum benefit.

• State Farm Cas. v. Black & Decker, Inc., Eighth Appellate District, 2002 Ohio 5821, (October 24, 2002); Discretionary appeal denied 98 Ohio St. 3d 1480 (2003).
Reversing verdict for plaintiff in a product liability action and ruling in favor of defendant manufacturer--testimony of plaintiff’s expert was contradicted by physical facts.

• Stanley v. City of Miamisburg, Second Appellate District, 2000 Ohio App. Lexis 205, (January 28, 2000).
Summary judgment upheld--Judicial estoppel precluded plaintiff from claiming City constructively discharged him by “forcing” him to retire in retaliation for whistleblowing.

• Golden v. Kearse, Twelfth Appellate District, 1999 Ohio App. Lexis 2573,
(June 7, 1999).
Summary judgment upheld--truck driver was independent contractor at time of accident and not entitled to workers’ compensation.

• Cincinnati Bell Tel. Co. v. Village of Fairfax, 81 Ohio St. 3d 599 (1998).
Supreme Court upheld Village’s right to impose net profits tax on telephone company.

• General Accident Ins. Co. v. Black & Decker (U.S.), First Appellate District, 1996 Ohio App. Lexis 4907, (November 13, 1996).
Defense verdict in product liability claim upheld--trial court properly admitted testimony of a manufacturer’s expert witness.

• Gallaher v. Manpower Int’l, First Appellate District, 106 Ohio App. 3d 881, (October 25, 1995).
Summary judgment upheld--heart attack not caused by employment.

• Helton v. Consol. Rail Corp., Twelfth Appellate District, 1992 Ohio App. Lexis 3881, (July 27, 1992).
Summary judgment upheld--railroad had no duty to provide crossing warnings beyond those required by statute and the injured motorist was required to exercise ordinary care for his own safety.

• Sites v. Proctor & Gamble Mfg. Co., Third Appellate District, 1991 Ohio App. Lexis 6471, (December 24, 1991).
Summary judgment upheld--owner of premises had no duty to warn or protect individual independent contractors from dangers associated with work they were hired to perform.

• Dickstrom v. Southern Ohio Fabricators, Inc., Twelfth Appellate District, 1990 Ohio App. Lexis 502, (February 12, 1990).
Summary judgment upheld--employee’s death not caused by intentional tort.

• Miller v. Procter & Gamble Mfg. Co., Third Appellate District, 1989 Ohio App. Lexis 4793, (December 20, 1989).
Directed verdict upheld--manufacturer not responsible for injuries to an employee of an independent contractor where the employee was responsible for the condition of her work area and knew of the dangers of the job.

• Cox v. Consolidated Rail Corp., Twelfth Appellate District, 1989 Ohio App. Lexis 3313, (August 28, 1989).
Summary judgment upheld--Rail company’s failure to use warnings at grade crossing was not a nuisance.

• Grimsley v. General Motors Corp., Twelfth Appellate District, 1988 Ohio App. Lexis 516, February 15, 1988.
Summary judgment upheld--employer did not act with the belief that an injury was substantially certain to occur.

• Joseph v. Consolidated Rail Corp., Twelfth Appellate District, 1987 Ohio App. Lexis 9435, (October 30, 1987).
Summary judgment upheld--surveillance by private contractor did not impose liability on the employer.

• Baker v. Consolidated Rail Corp., Second Appellate District, 1986 Ohio App. Lexis 7559, (July 8, 1986).
Summary judgment upheld--railroad not liable for failing to provide warning devices in addition to the usual signs at a crossing where the decedent was killed by a train because the crossing was not especially dangerous.

Surles v. P&G-Clairol, Inc.

Our firm represented P&G-Clariol in a product liability case claiming personal injuries resulting from the use of a consumer product. We obtained summary judgment and dismissal on behalf of our client following discovery.

Anonymous Plaintiff v. Cereal Manufacturer

We represented the Defendant's insurer in a suit for $10,000 against a cereal manufacturer for Plaintiff's broken tooth due to an alleged foreign object in the cereal.  The case was settled prior to mediation.

Anonymous Plaintiff v. General Contractor

Plaintiff filed suit against our client, a general contractor, seeking $100,000 for defects in Plaintiff's home related to the use of synthetic stucco (EIFS) material.  Dinsmore & Shohl obtained a dismissal in favor of the general contractor on the basis of the North Carolina Statute of Repose.

Anonymous Plaintiff v. General Contractor

Plaintiff filed suit against our client, general contractor, seeking $1 million for defects in Plaintiff's home related to the use of synthetic stucco (EIFS) material.  Dinsmore & Shohl negotiated settlement with the homeowners on the general contractor's behalf and prosecuted third-party claims against the EIFS product manufacturer.

Anonymous Plaintiff v. General Contractor

Plaintiffs filed a $300,000 suit against our client, the general contractor, for defects in Plaintiff's home related to moisture intrusion and structural defects.  The general contractor in turned filed suit against 12 different subcontractors.  The case was settled favorably for the client after two days of mediation.

Anonymous Plaintiff v. General Contractor

Plaintiff filed suit against our client, a general contractor, seeking $1,000,000 for defects in Plaintiffs' home related to the use of synthetic stucco (EIFS) material.  Dinsmore & Shohl obtained dismissal in favor of the general contractor, individually, which was affirmed on appeal.

Anonymous Plaintiff v. General Contractor

Plaintiff filed suit for $1,000,000 against our client, the general contractor, for defects in Plaintiff's home. The claim went through a week-long arbitration, settling favorably for the client before a verdict was rendered.

Anonymous Plaintiff v. General Contractor

Plaintiff filed suit for $300,000 against our client, the general contractor, for defects in Plaintiff's home.  The claim went through three days of arbitration, settling favorably for the client after a minimal verdict was rendered.

Anonymous Plaintiff v. Insurance Company

Plaintiff filed a class action lawsuit against our client, an insurance company, seeking coverage in excess of $75,000 for moisture intrusion damage due to defects in Plaintiff's home.  The case was removed to Federal court, was never certified as a class action and was eventually dismissed.

Anonymous Plaintiff v. Manufacturer of Dental Equipment

Dinsmore & Shohl represented the manufacturer of dental equipment in a claim alleging personal injuries as a result of exposure to sewer gas.  The case was settled.

Anonymous Plaintiff v. Plastics Manufacturer

Plaintiff sued our client, a plastics manufacturer, for personal injury and product liability when a chair manufactured by the client broke.  The case was settled at mediation.

Anonymous Plaintiff v. Smoke Alarm Manufacturer

Plaintiff filed suit against our client, a smoke alarm manufacturer, seeking $1 million for the wrongful death of a university student killed in an off-campus apartment fire.  Plaintiff ultimately dismissed the suit with prejudice and no settlement payment was made.

Anonymous Plaintiffs v. Window Manufacturer

Plaintiffs filed a $200,000 suit against the general contractor, who in turn filed suit against our client, a window manufacturer, for alleged defects in the windows.  The case was settled after mediation.

Anonymous Plaintiffs v. Window Manufacturer

Plaintiffs sued our client, a window manufacturer, for $75,000 for allegedly defective windows.  The case was settled.

Asbestos Litigation

Dinsmore & Shohl represented Owens Illinois in lawsuits filed in Southern Ohio by numerous workers alleging personal injuries as a result of exposure to asbestos.  These cases resulted in either settlement, dismissal or a jury verdict for the defense.

Asbestos Premises Litigation

Served as national coordinating counsel, for defendant premises owners in asbestos premises cases pending in state and federal courts. Our client owned and operated facilities were plaintiffs alleged they were exposed to asbestos while working on the premises. We successfully resolved numerous cases through voluntary dismissals and motion practice.

Asbestos Product Liability Litigation

Served as national coordinating counsel for defendant product manufacturers in multiple asbestos product liability cases pending in state and federal courts. The cases involved claims of alleged exposure to asbestos-containing products manufactured by our clients. We successfully resolved these cases either through voluntary dismissals or motion practice.

Browning v. Kia Motors America, Inc.

This litigation arose out of a car fire.  Plaintiff asserted product liability claims against our client.  We, in turn, asserted a third-party complaint against the service repair facility which serviced the vehicle, alleging that it failed to adequately diagnose and correct the alleged cause of the fire.  Following the completion of a jury trial, we successfully prevailed on a claim against the service repair facility which failed to adequately diagnose and correct the cause of the fire, and were able to recoup those damages on behalf of our client.