Automobile Warranty Claim in Henderson County Kentucky
Nov 04, 2015
OUTCOME: Defense Verdict
Breach of Warranty / Lemon Law action brought by consumer against manufacturer. Plaintiff claimed his vehicle had ongoing defects in the exhaust system of his pick-up truck that caused intermittent ill...umination of the check engine light. Defense demonstrated that Plaintiff's vehicle was not defective in its operation but that the exhaust sensors were initially too sensitive, throwing false-positive warnings and that the issue had been corrected during the vehicle's second presentation to service.
Lemon law
Automobile Warranty Claim in Stark County Ohio
Aug 18, 2014
OUTCOME: Unanimous Defense Verdict
Plaintiff alleged his 4x4 utility vehicle was emitting an abnormal noise that was indicative of a failing rear differential. Plaintiff sought a full repurchase plus attorney fees.
Defense proved th...e vehicle was free from defect and operating as designed, and further that the noise of which Plaintiff complained was normal tire noise caused by wear and tear of the aggressive treads on paved highways.
Litigation
Products Liability Case in Tennessee Federal Court
Oct 28, 2013
OUTCOME: Defense Verdict
Products liability action wherein Plaintiff alleged that three glues provided by Defendant and used in the construction of massive corrugated bulk boxes were the cause of thousands of box failures. Sp...ecifically, Plaintiff claimed the glues contained latent defects that caused the boxes to fail under the heavy load of resin pellets stored within them and further contended that defendant misrepresented the quality of the adhesives provided.
Defendant denied these claims and demonstrated that the box failures were caused by the plaintiff’s own failure to heat and insulate the subject adhesives properly during abnormally frigid winter conditions of 2010–2011 in its Lafayette, LA plant; and by the plaintiff’s failure to observe industry standard quality control measures. Defendant presented evidence and testimony that the plaintiff’s failures resulted in very poor glue application; an inability of the glue to form a proper film; and, thus, weaker adhesive bonds for the boxes produced in the freezing conditions. Moreover, Defendant demonstrated that the adhesives were not defective, and produced quality bonds/products when used in proper conditions.
After seven days of trial, the jury deliberated for approximately 45 minutes before returning a verdict on all counts for Defendant. Plaintiff, was seeking approximately $3.9 million in damages, plus pre-judgment interest, attorneys’ fees, and punitive damages. Plaintiff did not file any post-verdict motions or appeal the jury’s decision.
Lemon law
Automobile Warranty Claim in Knox County Ohio
Sep 17, 2013
OUTCOME: Directed Verdict in favor of Defense
Breach of Warranty / Lemon Law / Consumer Protection action filed against manufacturer of Plaintiff's vehicle. Plaintiffs alleged their vehicle contained a latent defect that caused the vehicle to exp...erience a steering pull that had not been corrected in a timely manner.
The defense established that Plaintiff's steering condition had been corrected within a reasonable time, and that the vehicle followed the crown of the road as designed.
Lemon law
Automobile Warranty Claim in Cuyahoga County Ohio
Jan 23, 2013
OUTCOME: Defense Verdict
Breach of Warranty / Lemon Law action brought by consumer against manufacturer. Plaintiff claimed his vehicle had an intermittent defect in its computer that caused it to nearly stall. Defense demons...trated that Plaintiff did not understand the proper operation of the vehicle; that the vehicle was operating as designed; and that the alleged defective condition was an intentional design aimed at increasing the vehicle's fuel efficiency.
Litigation
Property Damage Claim Against Waste Disposal Company
Nov 20, 2012
OUTCOME: Direct verdict in favor of Defense
Property damage claim against waste disposal company. Plaintiff alleged damage to his newly paved driveway and private road was caused by Defendant's garbage collection truck. Defense argued that Pla...intiff's damages were caused by natural freeze/thaw of land and repeated exposure to traffic.
Wrongful death
Wrongful Death Claim in Cuyahoga County
Apr 23, 2012
OUTCOME: Favorable verdict for Defense
Wrongful Death/Medical Malpractice case against owner operator of nursing home. Plaintiff alleged that Defendant was negligent in the management of Decedent's diabetes, causing decedent to enter a dia...betic coma from which she never recovered. Plaintiff sought $2 million in compensatory damages. Plaintiffs further sought $10 million in punitive damages based on evidence of a falsified nursing note and the failure of a former employee to show up for deposition or trial.
Defense argued that its management of decedent's diabetes was within the standard of care. Moreover, Defense argued that Decedent's symptoms and coma were consistent with Decedent's physical reaction to prior strokes and that the evidence showed her injuries and resulting death in this case were the result of a sudden stroke.
Litigation
Property Damage Case Against Transportation Company
Jan 26, 2012
OUTCOME: Directed Verdict for Defense
Property damage claim against Defendant transportation company. Plaintiff claimed Defendant's semi-truck improperly drove across her employee parking lot, damaging the pavement. Defense established t...hat the claimed damage existed prior to Defendant's vehicle crossing the area and was likely caused by freeze/thaw and employee traffic.
