We have defended claims of improperly performed or inadequate services, and warranty issues. We have experience is the determination of adequacy, causation, and measuring recoverability of damages.
A sampling of the type of product liability claims our lawyers have handled include:
- Obtained a defense verdict in Alabama wherein Plaintiff claimed Defendant car dealership had damaged a new Cadillac and sold it as new. Counsel was able to completely discredit Plaintiff’s expert, settling the case for $1,500.
- Successfully handled claims against regional heavy equipment dealer concerning claims by customers regarding defective equipment or repairs to equipment.
- Successfully concluded a food poisoning matter wherein Plaintiff alleged that toxic orange juice was sold out of date by an insured grocery store. Counsel was able to obtain a settlement for far less than the damages alleged. Defense was able to prove that Plaintiff suffered a temporary injury but exaggerated the claim by contending that he had received permanent injuries and disability.
- Obtained agreed dismissal with prejudice of claim against a wholesale supplier of diesel truck parts on grounds that supplier was intermediate supplier of parts and not manufacturer of parts, which was a foreign entity.
- Secured a jury verdict when Plaintiff alleged that defective cement manufactured by a cement manufacturer in St. Louis caused severe permanent injuries. The proof showed the Plaintiff was intoxicated and remained in the wet cement for an extended period. Proof showed that a sample of the cement used had less alkali than a bar of soap found in the men’s room in the federal courthouse in which the case was tried.
- Successfully negotiated claim (without litigation) of client for material misrepresentation and fraud against Canadian supplier of high-tech plasma cutter and subsequently successfully resisted claims of Canadian supplier’s bankruptcy trustee.
- Successfully defended a Fortune 50 chemical company in a contract dispute brought concerning injection-molded plastic pallets. On appeal to the 5th Circuit Court of Appeals, a nearly $1 million-dollar judgment was reversed, and judgment rendered for our client, awarding zero (0) damages to the Plaintiffs.
- Represented industrial equipment producer in numerous lawsuits involving hundreds of plaintiffs claiming exposure to asbestos, with many of the plaintiffs seeking voluntary dismissal and others settled for no more than nuisance value.
Representative clients include:
- Crawler Parts, Inc.
- Heavyquip, ITR
- Rocket, Inc.
- Scott Equipment Company
- S. B. International