Justia Products Liability Opinion Summaries

In 2001, BioEnterics obtained FDA approval for the Lap-Band, “designed to induce weight loss in severely obese patients by limiting food consumption" by creation of a small gastric pouch. The FDA indicated that the Lap-Band’s labeling must “specify the requirements that apply to the training of practitioners who may use the device” and required annual progress reports on a postapproval study. BioEnterics's brochure states that surgeons planning laparoscopic placement must have specific experience, participate in a training program authorized by BioEnterics, be observed by “qualified personnel” during their first placements, have the equipment and experience necessary to complete the procedure via laparotomy if required, and report on their personal experiences using the device. In 2003, plaintiff underwent a surgical procedure to implant a Lap-Band, which eventually eroded into her stomach and her liver; Lap-Band tubing became entangled with her small intestine. During surgery to remove the Lap-Band she suffered a massive hemorrhaging from her liver, causing her to experience profound hypotension and systemic shock, resulting in brain damage. More than nine years later, plaintiff filed suit. The court of appeal affirmed dismissal of her claim that the company failed to adequately train physicians in the use of the Lap-Band, as preempted by federal law. View "Glennen v. Allergan, Inc." on Justia Law

Cummins installed asbestos containing products in California and had received hundreds of asbestos bodily injury claims, including many lawsuits, based on exposure to its asbestos containing materials. Cummins purchased 19 U.S. Fidelity insurance policies 1969-1987, and purchased four U.S. Fire policies, 1988-1992, for “primary, umbrella, and or excess insurance policies,” some of which “may be missing or only partially documented.” Cummins and its parent company (Holding, formed in 2014) sought a “declaratory judgment that defendants are obligated to defend and/or indemnify Cummins [Corp.], in full, including, without limitation, payment of the cost of investigation, defense, settlement and judgment . . . , for past, present and future Asbestos Suits under each of the Policies triggered by the Asbestos Suits.” The trial court dismissed without leave to amend, finding that Holding lacked standing. The court of appeal affirmed. Holding, the controlling shareholder of Cummins, does not have a contractual relationship with the insurers and is not otherwise interested in the insurance contracts. View "D. Cummins Corp. v. U.S. Fid. & Guar. Co." on Justia Law

Plaintiff, a salesman for Kaiser Refractories, filed suit against manufacturers and suppliers of asbestos-containing products, including Foster Wheeler, a manufacturer of industrial boilers insulated with refractory, alleging causes of action for, among other things, strict liability and negligence/failure to warn. The jury returned a verdict for Foster Wheeler and plaintiff appealed. The court agreed with plaintiff that the evidence is insufficient to support the verdict, because substantial evidence fails to prove, as required for the sophisticated user defense, that by virtue of his position, training, experience, knowledge, or skill, he knew or should have known of the health risks posed by working with or near the asbestos-containing products he sold and which were used in Foster Wheeler boilers. Accordingly, the court reversed and remanded for a new trial. View "Moran v. Foster Wheeler Energy Corp." on Justia Law

Plaintiffs filed a products liability suit against Toyota, alleging that plaintiffs' accident occurred because their Toyota Tundra lacked electronic stability control (ESC), also known as vehicle stability control (VSC), and that the absence of this device or system was a design defect. On appeal, plaintiffs challenged the trial court’s denial of their motion in limine to exclude evidence that the custom of the automotive industry was not to include ESC as standard equipment in pickup trucks. The court held that evidence of industry custom and practice may be admissible in a strict products liability action, depending on the nature of the evidence and the purpose for which the proponent seeks to introduce the evidence. In this case, the trial court properly denied plaintiffs' motion in limine because plaintiffs moved to exclude all such evidence. The court also concluded that the trial court’s evidentiary rulings and imposition of a time limit on the duration of rebuttal argument were not an abuse of discretion, and that the trial court properly refused plaintiffs' proposed jury instructions on federal safety standards and industry custom. Accordingly, the court affirmed the judgment. View "Kim v. Toyota Motor Corp." on Justia Law

Plaintiffs filed a negligence and strict products liability action against E.F. Brady, alleging that asbestos-containing products it distributed caused Joel Hernandezcueva’s mesothelioma. On appeal, Jovana Hernandezcueva challenged the trial court's rulings on the motions for nonsuit and a new trial. In the published portion of the court's opinion, the court concluded that the trial court erred in granting a nonsuit on the strict products liability claim because the Hernandezcuevas’ evidence sufficed to show that E. F. Brady, while acting as a subcontractor in the construction of a commercial building, was in the stream of commerce relating to the asbestos-containing products, for purposes of the imposition of strict liability. The court affirmed in part, reversed in part, and remanded for further proceedings. View "Hernandezcueva v. E.F. Brady Co., Inc." on Justia Law

Plaintiffs, diagnosed with acute myelogenous leukemia allegedly caused by exposure to Safety-Kleen 105 Solvent during the course of their employment, filed suit against defendants, including Calsol, a distributor of mineral spirits for the ultimate manufacturer, Safety-Kleen. The trial court granted Calsol's motion for summary judgment based on the raw material or component parts doctrine. The court concluded, however, that the component parts doctrine requires a showing that the mineral spirits supplied to Safety-Kleen was not inherently dangerous. Because Calsol failed to make that showing, the court concluded that there is a dispute of material fact as to whether mineral spirits are inherently dangerous. Accordingly, the court reversed and remanded for further proceedings. View "Brady v. Calsol, Inc." on Justia Law