Justia Products Liability Opinion Summaries

Articles Posted in Kentucky Supreme Court
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The Supreme Court reaffirmed its ultimate holding affirming in part and reversing in part the opinion of the court of appeals affirming the trial court's judgment awarding substantial damages to Plaintiffs in this product liability case, holding that remand was required for a new trial.The product at issue in this case was a ladder stand manufactured by Defendant that Kevin O'Bryan affixed to a tree and was using it for hunting when the polypropylene straps broke, the stand fell, and Kevin sustained injuries. A jury found Primal Vantage for failure to warn and to instruct of dangers associated with use of the straps. On appeal, the Supreme Court originally reversed in part and remanded the case for a new trial, ruling that the trial court abused its discretion by allowing the jury to hear other-incidents evidence before ruling the evidence inadmissible. The Court then granted rehearing and reaffirmed its ultimate holding, ruling (1) the introduction of the other-incidents evidence was not harmless error; (2) the trial court's jury instructions regarding failure to warn were not erroneous; (3) Plaintiffs were properly excluded from apportionment of fault; and (4) a directed verdict in favor of Primal Vantage on the design defect claims was appropriate. View "Primal Vantage Co., Inc. v. O'Bryan" on Justia Law

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The vehicle in which Plaintiff was riding was hit by a drunk driver. Plaintiff was wearing her seatbelt, and the airbags deployed properly, but Plaintiff sustained serious injuries. Plaintiff filed suit against Nissan Motor Company, Ltd. and Nissan North America, Inc. (collectively, Nissan) alleging that her injuries were caused by Nissan’s defectively designed restraint system and failure to warn her about the system’s limitations. The jury ruled in Plaintiff’s favor and found Nissan responsible for approximately $2.6 million in compensatory damages and $2.5 million in punitive damages. The Court of Appeals affirmed. The Supreme Court reversed the decision of the Court of Appeals on the issue of punitive damages, holding that an instruction permitting assessment of punitive damage against Nissan was inappropriate in this case. View "Nissan Motor Co., Ltd. v. Maddox" on Justia Law