Amoxapine

Failure to use childproof cap on prescription drug package

Settlement for a child who suffered neurological damage after ingesting a toxic dose of Amoxapine while visiting a relative's house. He filed suit against the pharmacy that had dispensed the medication, alleging (1) failure to use a childproof cap, (2) violation of the Poison Prevention Packaging Act, 15 U.S.C. 1471 et seq., and (3) failure to warn the package was not child safe. Alison F. Soloff and *John N. Zervanos, both of Philadelphia, Pa., represented plaintiff in this case.

Wright v. Roe Pharmacy, U.S. Dist. Ct., E.D. Pa., confidential docket number, July 21, 1999.

Defective design claim could proceed against staple gun manufacturer despite missing gun

A federal trial court held a man who was injured by a staple gun could proceed with a defective design claim against the manufacturer, even though the gun involved in the accident is unavailable for examination. John E. Durst Jr., New York, N.Y., represented plaintiff.

Sanchez v. Stanley-Bostitch, Inc., No. 98 Civ. 0494 LMM, 1999 WL 639703 (S.D.N.Y. Aug. 23, 1999).

Punitive damages claim allowed without fact pleading A U.S. district court held plaintiff in a products liability case had made sufficient allegations in her complaint to properly assert a claim for punitive damages despite her failure to plead any facts. *B.L. Conway 11, Abingdon, Va., represented plaintiff.

Tiller v. Hobart Corp., 58 F. Supp. 2d 688 (W D. Va. 1999).

Videotaped testimony admissible because expert who had little recollection of facts "unavailable"

The Sixth Circuit Court of Appeals held a trial court did not abuse its discretion in determining that an expert witness in a tire defect case was "unavailable" to testify where he had little recollection of the facts of the case and did not want to testify.

Wildermuth v. Michelin N. Am., Inc., 187 F.3d 639 (6th Cir. 1999).

Seat failure in sport-utility vehicle

Verdict for a woman who was rendered paraplegic when she was ejected backward during an automobile crash and struck the rear seat back of the sport-utility vehicle that she was driving. Her lawsuit against the sport-utility vehicle manufacturer alleged the car was unreasonably dangerous in that the driver seat had failed in the collision. *Bruce R_ Pfaff and Michael Gill, both of Chicago, Ill., represented plaintiffs..

Carrillo ro. Ford Motor Co., Ill., Cook County Cir. Ct., No. 94 L 16931, Nov. 5, 1999.

Defective tear drop fuel cell in race car

Settlement for a man who suffered second-degree burns over about 25 percent of his body when the race car he was driving crashed and its tear drop fuel cell burst, causing gas to spill and ignite. The man and his wife sued the cell manufacturer, alleging negligent design, manufacture, and distribution of the cell, which plaintiffs claimed had ruptured during foreseeable use. *Stanley E. Karon and *Geoffrey J. Gempeler Jr., both of Minneapolis, Minn., and *Krister D. Johnson, St. Cloud, Minn., represented plaintiffs.

Nelson P. Racer Components Inc., U.S. Dist. Ct., D. Minn., No. 97-2714PAM/JGL, Sept. 22,1999.

Defectively designed sport-utility vehicle

Verdict, including punitive damages, on behalf of a woman who died when the sport-utility vehicle she was driving rolled over during a crash, ejecting her and causing fatal injuries. The woman's mother, individually and on behalf of her estate, filed suit against the vehicle manufacturer, alleging its design was defective and unreasonably dangerous in that the vehicle has a tendency to flip during ordinary turning maneuvers. *Tab Turner, North Little Rock, Ark., and *D. Briggs Smith Jr., Batesville, Miss., represented plaintiffs in this case.

Tackier v. Ford Motor Co., Miss., Panola County Cir. Ct., No. CV 97-64C (PI), Nov. 5, 1999.

Copyright Association of Trial Lawyers of America Feb 2000
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