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Case Citations [1] (July 2019 - August 2020)

handle is hein.ali/resttpl4305 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY CHAPTER 1. LIABILITY OF COMMERCIAL PRODUCT SELLERS BASED ON PRODUCT DEFECTS AT TIME OF SALE TOPIC 1. LIABILITY RULES APPLICABLE TO PRODUCTS GENERALLY § 1. Liability of Commercial Seller or Distributor for Harm Caused by Defective Products E.D.N.Y.2019. Quot. in case quot. in disc. Jewelry business that leased a vehicle sued manufacturer of the vehicle after the vehicle caught fire and destroyed certain inventory, alleging that the vehicle's tire- pressure-monitoring system failed to indicate that the vehicle's tire lacked adequate pressure. This court denied in part defendant's motion for summary judgment, holding that plaintiff could proceed on its claim of a design or manufacturing defect asserted on the basis of circumstantial evidence, because a jury could reasonably believe the employee's testimony that the warning light for the tire-pressure- monitoring system did not turn on. The court cited Restatement Third of Torts: Products Liability § 1 in explaining that, to prevail in a products-liability action under New York law, a plaintiff only had to prove that the product was defective and that the defect was a substantial factor in bringing about the injury. Zsa Zsa Jewels, Inc. v. BMW of North America, LLC, 419 F.Supp.3d 490, 506. § 2. Categories of Product Defect C.A.7, 2020. Cit. in disc. (general cite). Patient who experienced serious and permanent complications as a result of being implanted with a transvaginal-mesh-medical device that began contracting and causing scar tissue to be formed that prevented it from being fully removed brought products-liability claims against manufacturer of the device, alleging that manufacturer defectively designed the device. The district court entered judgment on a jury verdict for patient. This court affirmed. The court rejected manufacturer's argument that the Indiana Products Liability Act required patient to produce evidence of a reasonable alternative design for the device in order to prevail on her design-defect claim under the Restatement Third of Torts: Products Liability, holding that, while evidence of a cost-effective alternative design was potentially relevant to design-defect liability, the Act did not require such evidence in order for a plaintiff to prevail on a design-defect claim. Kaiser v. Johnson & Johnson, 947 F.3d 996, 1013. D.Conn.2019. Com. (n) cit. in statutory note cit. in sup. (general cite). Estates of U.S. Army pilots who died in a helicopter crash brought, among other things, manufacturing-defect claims against manufacturer of the helicopter's engine, alleging that a faulty fuel-metering device caused the computerized monitoring system in the engine to become locked in a fixed mode, which prevented the pilot from controlling fuel flow and power to the engine and resulted in the crash. This court granted defendant's motion for summary judgment, holding that plaintiffs' claim failed because defects in the monitoring system only arose after the engine had been used for several years in the field. The court explained that, under Restatement Third of Torts: Products Liability § 2, Comment n, manufacturing- defect claims were only available against defects that existed in the product at the time the product left defendant. Jones v. Goodrich Corporation, 422 F.Supp.3d 518, 525. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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