Product Liability

Experience

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.

Campbell v. General Motors Corp.

The Plaintiff asserted product liability and breach of warranty claims against our client arising out of a car fire which occurred in a conversion van.  This case was tried to a jury.  At the conclusion of the Plaintiff's case-in-chief, the judge granted our motion for a directed verdict and dismissed all of the Plaintiff's claims.

Carrollton, Kentucky Church Bus Fire

Defended motor vehicle manufacturer in protracted product liability litigation stemming from tragic accident and bus fire that resulted in 27 deaths.

Class Action Defense - Manufactured Housing

Dinsmore & Shohl defended a national seller of manufactured housing in state and federal court against class action claims related to the alleged inherent risks of fire and injury associated with manufactured housing. Following successful motion practice, all claims were dismissed in both state and federal courts.

Class Action Plaintiffs v. Medical Devices Manufacturers

The firm represented medical devices manufacturers in a consumer class action alleging product liability claims.  The case was settled.

Class Action v. Manufactured House Sellers

We defended a national seller of manufactured housing in state and federal courts against alleged product liability, fraud, and RICO claims based on manufactured housing fire risks. Following successful motion practice, all claims were dismissed.

Court Cases

Selected court cases:

  • RWI Transportation LLC v. California Employment Development Department (5308590)
    Reversing imposition of a multimillion dollar state tax assessment by establishing that fleet and long haul drivers are independent contractors, not employees.
  • Goode v. Deaconess Hospital (A0708530)
    Hamilton County Common Pleas
    Defense verdict--Employee's lumbar and cervical disc conditions not caused by work-related injury.
  • Crawford v. General Motors Corp. (A-9110056)
    Hamilton County Common Pleas
    Defense verdict--Product liability--alleged defective seatbelt.
  • General Accident Ins. Co. v. Black & Decker (US) Inc.
    Hamilton County Common Pleas
    Judgment in favor of Defendant in product liability claim (bench trial).
  • Birkenheuer v. Black & Decker (U.S.), Inc.
    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.
  • Wendt v. City of Hamilton (CV 2006-06-1966)
    Butler County Common Pleas
    Defense verdict--Firefighter’s heart attack not caused by cumulative effects of smoke, heat and gas.
  • Coleman v. City of Hamilton (CV 2004 10 2942)
    Butler County Common Pleas
    Defense verdict--Employee’s leg injuries not sustained in scope and course of employment.
  • Stone v. Ball Corp. (03 CVD-10-11034)
    Franklin County Common Pleas
    Defense verdict--Employee’s psychological condition not caused by work-related injuries.
  • Adkins v. Ball Corporation (A0101858)
    Hamilton County Common Pleas
    Defense verdict--Employee’s additional conditions not caused by work-related injuries.
  • Connelly v. Deaconess Hospital (A0005271)
    Hamilton County Common Pleas
    Defense verdict--Employee’s additional conditions not caused by work-related injuries.
  • Frazier v. Quest Diagnostics
    Defense verdict--Employee’s additional conditions not caused by work-related injuries (bench trial).
  • Miller v. Procter & Gamble Mfg. Co. 
    Directed verdict in favor of premises owner versus employee of independent contractor.

David Burton v. American Tobacco and R.J. Reynolds

Dinsmore & Shohl represented a major cigarette manufacturer (American Tobacco) in a smoking and health case involving allegations of peripheral vascular disease causation and corporate misconduct that was tried in Federal Court in Kansas City, Kansas in 2002.  The case resulted in a small compensatory damages verdict against American Tobacco in the amount of $1984.00 (yes, that is the correct number) and no punitive damages.  After the verdict was rendered the case against American Tobacco was dismissed without payment.

Defense of Tobacco Related Claims

Mr. Jernigan has for many years served and continues to serve as West Virginia counsel for the former Brown & Williamson Tobacco Company and its successor, the R.J. Reynolds Tobacco Company in the defense of tobacco related claims.  In this regard, Mr. Jernigan was involved in the successful defense of one of the nation's first class actions seeking medical monitoring for the development of future disease states relating to smoking.  Mr. Jernigan remains active in the defense of the R.J. Reynolds Tobacco Company in the defense of over a thousand personal injury claims pending against it for tobacco related diseases.

Demarco Inc. v. Johns Manville Corp., et al.

Roofing products case -- defense verdict upheld on appeal in the Franklin County (Ohio) Court of Appeals.  Allegations included breach of warranties, indemnification and tortious interference with contracts.

Frederick Moore v. The Glidden Company

Dinsmore & Shohl represented Glidden in connection with several lawsuits brought by children and parents alleging personal injuries as a result of exposure to lead paint.  The cases were dismissed by the Plaintiffs.

Hotel Owners v. Painting Subcontractor

Plaintiff hotel owners filed a $300,000 suit against our client, a painting and moisture proofing subcontractor, and against the coating manufacturer for moisture damage to the hotel.  The claim settled favorably for the client after mediation and before trial.

Hughes Miller, et al. v. Large Manufacturer of Electrical Power Systems, Products and Devices

Defense of client against product liability and breach of product warranty claim for burn injuries to electrician claiming product defect caused malfunction of electrical transformer during installation. Electrician suffered second and third degree burns on 60% of body. Plaintiff claimed damages well in excess of $1 million. Case settled for approximately $100k.

In re: Silica Product Liability Litigation

Dinsmore & Shohl represented Robert Bosch Tool Corporation in the MDL litigation involving claims of personal injury for exposure to silica.  The United States District Court for the Southern District of Texas, Corpus Christi Division, remanded the cases to the Mississippi State Courts.  The cases were then dismissed.

Jeffrey Williams v. American Suzuki Motor Corporation

The Plaintiff had asserted a claim against American Suzuki Motor Corporation under Ohio's Lemon Law, breach of warranty, the Magnuson-Moss Warranty Act, and Ohio's Consumer Sales Practices Act.  Following the completion of a jury trial, the jury returned defense verdicts in favor of American Suzuki Motor Corporation on all but one of the claims asserted, and the remaining claim resulted in an award of nominal damages.

Judy Dial v. Kia Motors America, Inc.

The Plaintiff asserted claims against Kia Motors of America, Inc. alleging breach of warranty and violation of the federal Magnuson-Moss Warranty Act.  Following completion of a jury trial, we obtained a defense verdict on behalf of our client on all of Plaintiff's claims.

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.

Linda Welch v. Brown & Williamson, et al.

Dinsmore & Shohl served as trial counsel for Brown & Williamson in a smoking and health case involving allegations of bronchioloalveolar cancer causation and corporate misconduct that was tried in state court in Missouri in 2005. The case resulted in a verdict for the defense after a two-week trial.

Mal-Sarkar v. Advance, et al; Tumbleson v. Hubbell; Mock v. CG&E, et al

Counsel for Hubble in several personal injury cases alleging injuries from electrical products. All cases resolved favorably for Hubble.

MDL 1023: In re: Diet Drugs (Fen-Phen)

As national coordinating counsel and trial counsel, Dinsmore & Shohl defended a distributor of phentermine in the multi-district product liability litigation related to the diet drug commonly known as fen-phen.  Mr. Brittingham assisted the team that represented the client nationally.  Additionally, as local and regional counsel, Mr. Brittingham managed the litigation and discovery of claims pending in Kentucky, successfully obtaining their dismissals.

MDL 1057: In re: Telectronics Pacing Systems, Inc., Accufix Atrial "J" Leads Product Liability Litigation

Served as local counsel for defendant product manufacturer where plaintiffs claimed personal injury from allegedly defect atrial leads in federal multidistrict litigation in the S.D. of Ohio.

MDL 1507: In re: Prempro Product Liability Litigation

Served as national coordinating counsel for manufacturer of generic hormone replacement therapy drugs in federal multidistrict litigation proceedings in the E. D. of Arkansas, as well as other state court consolidated proceedings.

MDL 926: In re: Silicone Gel Breast Implant Product Liability Litigation

Served as national coordinating counsel for Dow Corning Corporation, a leading silicone medical products manufacturer, in thousands of product liability cases pending in federal multidistrict litigation in the N.D. of Alabama, as well as in numerous state courts.

Michael Thompson v. Brown & Williamson, et al.

Dinsmore & Shohl served as trial counsel for Brown & Williamson in a smoking and health case involving allegations of laryngeal cancer causation and corporate misconduct that was tried in state court in Independence, Missouri in 2005.  The case resulted in a small compensatory verdict for plaintiffs against Brown & Williamson ($200,000.00); no punitive damages were awarded.