04/17/2013
|
|
April 17, 2013
Phoenix, Arizona
Directed Verdict for BMW
On April 17, 2013, after more than a week of trial, the court directed a verdict in favor of BMW after plaintiffs rested their strict liability crashworthiness case. In this multi-million dollar claim, plaintiffs alleged that defects in the vehicle's side impact head protection airbag resulted in a severe head injury. Susana H. Sara and Hikmat S. Tammo, wife and husband, Plaintiffs, v. BMW of North America, LLC, a Delaware corporation; and Bayerische Motoren Werke Aktiengesellschaft, a foreign corporation, Defendants, Superior Court of the State of Arizona, in and for the County of Maricopa, Case No. CV2009-025065, Judge John Rea presiding.
|
|
02/06/2013
| 02/06/2013
|
JURY GRANTS DEFENSE VERDICT FOR FORD
ST. JOHN, U.S. VIRGIN ISLANDS – On February 6, 2013, a nine-person jury in federal district court returned a unanimous verdict in favor of Mazda and Ford.
|
|
02/06/2013
| 02/06/2013
|
JURY RETURNS DEFENSE VERDICT FOR BREG, INC. IN BELLWETHER CASE
Breg, Inc. received a decisive win Wednesday in the first bellwether case in the California infusion pump JCCP to go to trial.
|
|
01/31/2013
|
|
January 31, 2013
Missoula, Montana
Judgment as a Matter of Law for Honda
On January 31, 2013, Judge Jeremiah Lynch granted American Honda's motion to strike the testimony of plaintiff's key liability expert and granted Honda's post-trial motion for judgment as a matter of law. Zane Johnson, Plaintiff v. American Honda Motor Company, Inc., Defendant, United States District Court for the District of Montana, Missoula Division, Case No. 10-126-M-JCL, U.S. Magistrate Judge Jeremiah C. Lynch presiding.
|
|
01/22/2013
|
|
January 22, 2013 – 6:25 p.m.
Reno, Nevada
Unanimous Defense Verdict for Hyundai
On January 22, 2013, an eight-person Washoe County jury returned a unanimous defense verdict after an 11-day product liability motor vehicle crashworthiness trial. Melissa D. Stevens, Plaintiff v. Hyundai Motor Company, a foreign corporation; Hyundai Motor America, a foreign corporation; Lithia Salmir, Inc., dba Lithia Hyundai of Reno, a Nevada corporation, Second Judicial District Court of the State of Nevada, in and for the County of Washoe, Case No. CV08-00346, Judge Scott Freeman presiding.
|
|
01/17/2013
|
|
TOYOTA RECEIVES UNANIMOUS DEFENSE VERDICT
On January 17, 2013, a federal jury returned a unanimous verdict for Toyota Motor Corporation and Toyota Motor Sales, U.S.A., Inc. in United States District Court for the Eastern District of Texas (Marshall Division), finding no defect in a Toyota Highlander sport utility vehicle, and rejecting plaintiff's claim that the driver's seat was defective and caused plaintiff's back injury. Owen v. Toyota, Cause No. 2:10-cv-00504, Judge Rodney Gilstrap, presiding.
|
|
10/12/2012
|
|
CALIFORNIA JURY RETURNS DEFENSE VERDICT FOR NISSAN MOTOR CO., LTD. AND NISSAN NORTH AMERICA
RIVERSIDE, CALIFORNIA - On Friday, October 12, a Riverside, California Superior Court jury rendered a unanimous defense verdict in favor of Nissan Motor Co., Ltd. and Nissan North America, Inc. in a case involving a two vehicle crash allegedly caused by a defective crankshaft position sensor. Sarah Johnson, et al vs Nissan North America, Inc., et al, Riverside Superior Court no. RIC519788, Judge Gloria Connor Trask.
|
|
09/15/2012
|
|
NEVADA JURY REACHES DEFENSE VERDICT FOR NISSAN
LAS VEGAS, NEVADA – On September 15, 2012, a Clark County District Court jury returned a unanimous defense verdict for Nissan in this wrongful death rollover case involving claims of lack of a rollover-curtain in a 2006 Nissan Frontier Crew Cab pickup. This was Nissan's first "lack of a rollover-curtain" trial. Parke v. Nissan, Clark County District Court, Las Vegas, NV; the Honorable Douglas E. Smith presiding; Case No. A574770.
|
|
05/14/2012
|
|
SUFFOLK COUNTY (NY) JUDGE GRANTS DIRECTED VERDICT FOR VERMEER
RIVERHEAD, NEW YORK (MAY 17, 2012) - On May 14, 2012, Judge Jeffrey Arlen Spinner, Supreme Court Justice, Suffolk County, New York, granted the motion of Vermeer Manufacturing Company to dismiss the case of Nicole Jennosa v. Vermeer Manufacturing Company and Advantage Rental Company. Judge Spinner dismissed plaintiff's claims after plaintiff rested, concluding that plaintiff had not proven a prima facie case that the allegedly defective product caused the injury to plaintiff's decedent.
|
|
04/17/2012
|
|
|
|
02/16/2012
|
|
CALIFORNIA JURY REACHES DEFENSE VERDICT FOR 3 NISSAN DEFENDANTS
PASADENA, CALIFORNIA – On February 16, 2012, a Los Angeles County Superior Court jury returned a 9-3 defense verdict for three Nissan defendants in this wrongful death claim, having been persuaded that the Nissan Altima performed as reasonably expected under California's consumer expectation test for design defect. Clark/Kornmann v. Nissan, Los Angeles County Superior Court, Pasadena, CA; the Honorable C. Edward Simpson, Jr., presiding; Case No. GC039767.
|
|
11/29/2011
|
|
DEFENSE VERDICT IN YAMAHA RHINO TRIAL INVOLVING STATUTE OF LIMITATIONS
Yamaha now 10-0 in Rhino Cases That Have Gone to Trial
PHOENIX, AZ—On November 29, 2011, after a two day bench trial to address whether Arizona's two-year statute of limitations barred plaintiff's suit, a judge in the Maricopa County Superior Court, Phoenix, Arizona found in favor of Yamaha in a case involving a 2004 Yamaha Rhino 660. Matthew Robles, Plaintiff vs. Yamaha Motor Corporation, U.S.A., Yamaha Motor Manufacturing Corporation of America, Yamaha Motor Co., Ltd., and YSA Motorsports, LLC, Maricopa County Superior Court, State of Arizona, Case No. CV2010-023571, before the Honorable Michael Herrod.
|
|
11/01/2011
|
|
SUCCESSFUL OPPOSITION TO DISMISS AND ENFORCE ARBITRATION AGREEMENT
November 2011, Clasen v. Lake Ridge– Alana Bassin served as lead counsel, obtaining precedent-setting court decision preventing plaintiff from evading an arbitration agreement executed in MN by suing the parent company in Arkansas. Plaintiff's argument that the arbitration agreement was unenforceable based on the now-unavailable National Arbitration Forum was also rejected. The Court found that the facility had standing to enforce the arbitration agreement in MN, noting that Plaintiff had engaged in "forum shopping" by suing the parent companies in Arkansas, and that the arbitration agreement was still valid and enforceable because Minnesota law provided for alternative procedures for naming arbitrators and conducting arbitration.
|
|
10/14/2011
|
|
DEFENSE VERDICT FOR NISSAN NORTH AMERICA, INC. IN FIRST ASBESTOS TRIAL
Los Angeles, CA – On October 14, 2011, a California jury returned an 11-1 defense verdict in favor of Nissan North America, Inc. in the case Steiner v. Nissan. After 35 days at trial, Nissan claimed their first asbestos trial defense verdict, proving that plaintiff Richard Steiner's lung cancer was a result of smoking, not of exposure to asbestos-containing friction products. Judge Thomas Anderle presided over the trial.
|
|
09/01/2011
|
|
UNANIMOUS DEFENSE VERDICT IN DRIVER'S LAWSUIT AGAINST MAZDA CLAIMING SEATBELT BUCKLE DEFECT
PHOENIX, ARIZONA - On September 14, 2011 (27 minutes after the case was submitted to them for deliberation), a nine-member Maricopa County Superior Court jury returned a unanimous verdict for Mazda.
|
|
08/24/2011
|
|
SANTA BARBARA JURY DENIES $900K CLAIM AGAINST FERRARI
On Wednesday, August 24, a Santa Barbara jury returned a defense verdict for Ferrari North America, Inc. in the case Nigro v. Ferrari. This lemon law case involved a 2008 Ferrari F430 Spider convertible that was purchased new by plaintiff James Nigro for $250,000 in May 2008. The 15 month old case was brought under California's lemon law known as the Song-Beverly Act which provides for treble damages and attorney fees, bringing the total exposure of the claim between $850,000 to $900,000.
|
|
08/16/2011
|
|
MONTANA FEDERAL JURY RETURNS VERDICT FOR BREG IN MULTI-MILLION DOLLAR PAIN PUMP CASE
August 16, 2011 a 7-person federal jury in Billings, Montana, returned a unanimous defense verdict for orthopedic medical device manufacturer Breg, Inc., in a case brought by orthopedic surgeon Stuart Davis, M.D., and his wife, seeking more than $6 million allegedly resulting from injury to his shoulder following his use of a Breg pain pump. The jury deliberated for nearly eight hours following a 6-day trial before returning its verdict. This was the first pain pump case against Breg to proceed to trial.
|
|
06/17/2011
|
|
DEFENSE VERDICT FOR TOYOTA IN TWO-MONTH CA TRIAL
On June 17, 2011, a Stockton, California jury returned a complete defense verdict for Toyota in Christina Mendez and Raphael Mendez v. Toyota Motor Sales, U.S.A., Inc. Plaintiffs claimed $28 million in economic damages, plus said the jury should use its discretion in awarding additional noneconomic damages. The jury deliberated for approximately 5 hours and unanimously concluded that the 1997 Toyota Corolla's design was not a substantial factor in causing plaintiff's injuries.
|
|
06/01/2011
|
|
UNANIMOUS DEFENSE VERDICT FOR GM DEALERSHIP IN FLORIDA ROLLOVER CLAIM
In the highest exposure case to go to trial since the bankruptcy, a General Motors dealer was awarded a unanimous defense verdict by a Broward County, FL jury on June 1, 2011. Plaintiffs asked for $20 million during closing arguments in this three-week wrongful death trial, Martin v. Holler Oldsmobile.
The Martin case involved the death of 20-year-old Rachel Martin in a rollover of a GMT330 (1990's vintage Blazer/Jimmy/Bravada). The GMT330 was pegged by IIHS as the deadliest vehicle on the road.
At trial, the defense team had two critical issues to address – the claim the vehicle was unstable and secondly that the vehicle had a weak roof. The rollover was completely on-road, on flat, dry pavement. Tom Klein, lead trial attorney, successfully demonstrated to the jury, using technical experts and accident reconstruction tools, that the fatal injury occurred before there was any significant roof damage and the vehicle was stable and did not have a propensity to rollover. Instead, he showed the jury the crash occurred when the driver swerved and over-corrected at 60 m.p.h. to avoid an animal in the road. Additionally, the decedent was improperly belted, wearing the shoulder belt under her shoulder. The passenger, who was belted correctly at the time of the crash, survived with minor scrapes.
Attorneys for Plaintiff: Jack Scarola and Ed Ricci of Searcy Denney Scarola Barnhart & Shipley PA
Attorneys for Defense: Thomas M. Klein of Bowman and Brooke LLP in Phoenix with John Seipp of Seipp & Flick in Miami as local counsel.
|
|
04/29/2011
|
|
FORD WINS DEFENSE VERDICT IN F-250 SUPERCAB PICKUP TRUCK RESTRAINT SYSTEM ROLLOVER CASE
DAVENPORT, IOWA: On April 29, 2011, the jury returned a unanimous verdict for Ford Motor Company in Federal District Court for the Southern District of Iowa (Davenport Division), finding no defect in the F-250 pickup truck, and rejecting plaintiffs' claim that the front center 2-point lap belt restraint system was defective and caused plaintiff's neck injury and permanent paralysis.
|
|