Experience
Successfully Defended Client in Wrongful Death Case
We and co-counsel represented our client, a subsidiary of an automobile company, in the wrongful death case brought by a mechanic’s family. The mechanic had worked in one of our client’s dealerships for one to two years in 1965-1966 and worked on our client’s brakes and clutches. The family claimed the mechanic was exposed to asbestos from these products, which caused his pleural malignant mesothelioma, and our client should have warned him that could happen. We argued and provided supporting evidence that our client didn’t know at the time that any health hazards were associated with the mechanic’s work with such friction materials, and that any asbestos emitted from those materials did not cause the mechanic’s mesothelioma. The jury returned a defense verdict that our client was not liable.
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.
Medical Device Product Liability Litigation
Defending multiple product liability cases involving joint replacement products.
Successfully Defended Manufacturer in Entrapment Case
We represented our client, Genie – a global aerial work platform manufacturer, in a lawsuit after a worker suffered fatal injuries in an entrapment accident. The plaintiffs claimed that aerial work platforms should be equipped with mandatory secondary guarding accessories, which plaintiffs claim would have prevented this death. The plaintiffs sought $69 million, including punitive damages. Post-accident evidence, including evidence of non-similar accidents, were allowed to go to the jury. Despite these challenges, we received a unanimous defense verdict from the jury after nearly two weeks of testimony. The jury rendered the defense verdict in under 90 minutes, agreeing these machines, which have been used for decades and millions of man hours, are not defective and unreasonably dangerous. This case was also significant for the industry, as it is the first entrapment case to be tried to verdict.