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Case Citations [1] (July 2021 - April 2022)

handle is hein.ali/resttpl4308 and id is 1 raw text is: TORTS 3D: PRODUCTS LIABILITY Generally D.Mass.2020. Cit. generally in case quot. in sup. Patient who was surgically implanted with a polytetrafluoroethylene mesh patch to treat an inguinal hernia sued manufacturer of the patch, after the patch caused an abscess and had to be removed. This court denied in part manufacturer's motion to dismiss, holding that patient's claim for breach of the implied warranty of merchantability based on a design defect was not absolutely barred by Restatement Second of Torts § 402A, Comment k. The court noted that, in determining whether a product's design was unreasonably dangerous, Massachusetts courts applied a risk-utility balancing standard similar to the one articulated in the Restatement Third of Torts: Products Liability, where consumer expectations were a factor, but not necessarily a determinative factor. Taupier v. Davol, Inc., 490 F.Supp.3d 430, 444. E.D.N.Y.2021. Cit. generally in ftn., cit. generally in case cit. in ftn. Ferry passenger sued ferry operator, alleging, inter alia, that defendant defectively manufactured and designed the stairwell of its stairway used for disembarking passengers, because its irregular shape caused plaintiff to slip and fall. This court granted in part defendant's motion for summary judgment, holding that plaintiff could not prevail on his claim for defective manufacturing and design, because defendant did not design or manufacture the ferry. The court noted that federal caselaw disagreed as to whether the Restatement Third of Torts: Products Liability applied to this instant case; to the extent it did, the court observed that plaintiff's claim failed because he set forth no evidence that defendant was engaged in the business of selling or distributing ferry boats. Nasser v. Port Imperial Ferry Corp., 524 F.Supp.3d 68, 75. E.D.Wis.2021. Cit. generally in ftn. Former residents of homes that used lead-based paint brought, among other things, a strict-products-liability claim against manufacturer of lead-based paint, alleging that plaintiffs were injured from ingesting lead-based paint that was used in their childhood homes. This court denied in part defendant's motion for summary judgment, holding that there was a genuine issue of material fact as to the defective condition of defendant's lead-based paint and defendant's breach of its duty to warn. The court noted that defendant's arguments relied on the Restatement Third of Torts: Products Liability, which was not adopted by state legislature until after plaintiffs filed their claims. Allen v. American Cyanamid, 527 F.Supp.3d 982, 995. Introduction Tex.2021. Intro. quot. in sup. Mother of injured minor child brought, among other things, a strict- products-liability claim against operator of online retail marketplace, alleging that defendant placed a defective remote into the stream of commerce that plaintiff's husband purchased from defendant's website, resulting in child's injuries. The district court denied defendant's motion for summary judgment. The court of appeals certified a question to this court. This court answered, holding that defendant was not a seller of the remote for the purposes of state products-liability statutes, because the record did not indicate that defendant ever held or transferred title of ownership over the remote. The court observed that it was appropriate to rely on the Restatement Third of Torts: Products Liability to COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved A -I-I 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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