Products Liability

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. Förvaltningsobolaget 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

$11.3 million for driver injured when truck’s defective wheel hub fails. San Francisco County.

A garbage-truck driver was awarded $11.3 million for back injuries sustained when his truck's front wheel failed due to a defective hub. The 998 offer was only $350,000, and the offer at trial was $1 million.

  • Case Name: Mariolle v. Volvo Truck, Consolidated Metco and Wittke Manufacturing
  • Date of Verdict or Judgment: Thursday, May 17, 2012