Products Liability

Decedent's mesothelioma caused by father's employment. $12.9M. Alameda County.

Father brings asbestos fibers home from workplace on his clothing. Son dies as an adult.

  • Case Name: Lanette Louise Lopez, et. al., v. The Hillshire Brands Company
  • Date of Verdict or Judgment: Wednesday, August 16, 2017

Defective wheelchair causes injury to disabled man. $9.8 million. San Diego County.

Wheelchair user claims he is injured by bolts on wheelchair after modifications are made on it.

  • Case Name: Toby Morin v. Sunrise Medical (US) LLC and National Seating & Mobility, Inc.
  • Date of Verdict or Judgment: Wednesday, June 28, 2017

Fatal highway accident blamed on faulty manufacture of motor home. Defense verdict. Sonoma County.

Family members killed when their car skids on fluid in roadway; fluid leak blamed on motor home found disabled nearby.  Plaintiffs claim defective design and  manufacture of motor home.

  • Case Name: Menera v. Country Coach Corporation & Mega RV Corp., et al., consolidated with Ayala, et al., v. Country Coach Corporation & Mega RV Corp., et al.
  • Date of Verdict or Judgment: Tuesday, May 17, 2016

Mazda's design of driver seat determined to be substantial cause of injuries. $14.9 million. Alameda County.

Driver's seatback fails in '95 Mazda Protege when rearended by truck. 

  • Case Name: Gray v. Mazda Motor of America, Inc.
  • Date of Verdict or Judgment: Friday, April 01, 2016

Mesothelioma: Plaintiff worked with asbestos in Iran. $5.2 million. Los Angeles County.

Plaintiff, age 82, worked in Iran for American contractors when he was allegedly exposed to asbestos insulating products.  He has lived in California for over 30 years.

  • Case Name: Malek v. Fluor Corporation, et. al.
  • Date of Verdict or Judgment: Thursday, February 11, 2016
  • Wednesday, 24 February 2016

Jury awards $1.885 million when e-cigarette charger starts a fire. Riverside County.

A charger battery for an e-cigarette catches on fire when it is plugged into the USB port in an automobile. Serious burn injuries.

  • Case Name: Jennifer Ries v. VAPCIGS
  • Date of Verdict or Judgment: Wednesday, September 30, 2015

$9.2 million verdict in first Zimmer hip-implant case. Los Angeles County.

59-year-old  man injured by a defective metal-on-metal hip implant manufactured by Zimmer. He underwent two hip replacement surgeries in 15 months, lives with chronic pain.

 

  • Case Name: Gary Kline v. Zimmer Holdings Inc.
  • Date of Verdict or Judgment: Friday, July 24, 2015

Plaintiff's TMJ is exacerbated when she bites down on metal in sandwich from market. $200K. Los Angeles County.

Woman with long history of TMJ says she bit into metal ball inside a sandwich she bought at Gelson's.  Defendants admitted liability, contested causation.

  • Case Name: Raina Ring v. Gelson's Markets, et al.
  • Date of Verdict or Judgment: Thursday, June 25, 2015

Woman says Foster Farms chicken was contaminated, made her ill. Defense verdict. Los Angeles County.

Woman says she consumed contaminated chicken processed by Foster Farms, her preferred brand of chicken, which caused Guillain-Barre syndrome.

  • Case Name: Ruth Rivera v. Foster Poultry Farms
  • Date of Verdict or Judgment: Thursday, February 05, 2015

Rear-center-seat passenger in older Toyota has no shoulder restraint, suffers paraplegia. $11.7 million verdict after no offer. Monterey County.

Older model Toyota does not have shoulder belt (3-point restraint) for rear-center-seat passenger. Plaintiff's intoxicated driver loses control and hits a tree. No offer before trial. 

  • Case Name: Hill v. Toyota Motor Sales, USA Inc., et al.
  • Date of Verdict or Judgment: Friday, October 17, 2014

Auto mechanic worked on brakes, dies of mesothelioma. $10.9 million gross verdict. Fresno County.

Plaintiffs' decedent worked on brakes as an auto mechanic, and also worked as a plumber.  He was exposed to asbestos in both jobs.  Punitive damages against defendant Honeywell (Bendix). Very low section 998 settlement offer by defendant.

  • Case Name: Phillips v. Honeywell International, Inc. et al
  • Date of Verdict or Judgment: Wednesday, May 28, 2014

Jet ski crashes into boat that suddenly turns in front of it. $21.7 million product liability and negligence. Los Angeles County.

Drunk grandfather towing grandkids in raft suddenly turns in front of jet ski on Colorado River near Blythe.  Jet ski passenger suffers brain damage.  Jet ski manufacturer sued for product liability.

  • Case Name: Fabiola Esparza v. Polaris Industries Inc., Douglas Lane
  • Date of Verdict or Judgment: Monday, July 22, 2013

$5 million awarded to elderly parents when scuba diver dies due to defective equipment. Los Angeles County.

Scuba diver dies off Catalina Island when breathing apparatus fails; diver had pre-existing heart condition. Defense offered $93K, but jury awards $5 million to decedent's elderly parents.

  • Case Name: Horace Myers, Joanne Myers v. F√∂rvaltningsobolaget Insulan AB dba Si Tech
  • Date of Verdict or Judgment: Thursday, January 31, 2013

Auto mechanic wins $6.8 million verdict against Ford Motor Co. for mesothelioma. Alameda County.

Plaintiff was an auto mechanic with decades of asbestos exposure from Ford parts such as brakes, clutches and gaskets. He was forced to give up his auto repair business when he was diagnosed with mesothelioma. Majority of jury verdict was for pain and suffering.

  • Case Name: Patrick Scott and Sharon Scott v. Allied Packing & Supply, Ford Motor Company, et al.
  • Date of Verdict or Judgment: Sunday, November 18, 2012

$8.3 million verdict when worker falls as he tries to escape runaway construction hoist. San Francisco County.

A 39-year-old construction worker falls 50 feet from an out-of-control construction hoist. Injuries result in an amputated arm and severe depression. Swedish manufacturer of the product denies liability, but is found 57% negligent by jury.

  • Case Name: Kammerer v. Alimak Hek AB
  • Date of Verdict or Judgment: Wednesday, August 22, 2012

$12 million for med mal and medical device product liability, including punitives. San Diego County.

Device intended to minimize swelling after orthopedic surgery causes non-freezing cold injury.  Doctor prescribes it despite prior settlement for malpractice over same device and type of injury.

  • Case Name: Whitney Engler v. Breg, Inc.; David Chao, M.D.; & Oasis, MSO, Inc.
  • Date of Verdict or Judgment: Monday, July 30, 2012