Articles Posted in Products Liability

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Robert Johnson brought a products liability case against Cottrell Inc. and Auto Handling Corp. At the conclusion of Johnson’s case the trial court directed a verdict in favor of Auto Handling on all of Johnson’s theories against it. The jury returned verdicts in favor of Johnson on his claims against Cottrell of negligence as submitted in Instruction 10 and of strict liability failure to warn as submitted in Instruction 13. The trial court entered judgment against Cottrell on the negligence verdict for $1,150,332. The Supreme Court reversed, holding (1) the trial court erred in granting Auto Handling’s motion for directed verdict; and (2) Instruction 10 was error, and because the error was prejudicial the judgment in favor of Johnson on his negligence claims against Cottrell is reversed. Because of the intertwined nature of the evidence and the various theories against the two defendants, the case is remanded for retrial as to the negligent maintenance and inspection claim against Auto Handling and as to Johnson’s negligence claims and strict liability failure to warn claim against Cottrell. View "Johnson v. Auto Handling Corp." on Justia Law

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When Plaintiff’s utility terrain vehicle (UTV) overturned the roof of the UTV failed and caused Plaintiff injuries. Plaintiff sued Chesterfield Valley Sports, Inc. (Defendant). Prior to trial, Plaintiff designated Herbert Newbold as an expert witness. Plaintiff then rescinded Newbold’s expert witness designation without disclosing Newbold’s expert analysis or conclusions. Thereafter, Defendant filed a motion to amend the scheduling order to permit Newbold’s deposition. Plaintiff objected, asserting that Newbold’s opinions and conclusions were protected from discovery by the work product doctrine. The trial court sustained Defendant’s motion, concluding that Plaintiff had waived the protections afforded by the work product doctrine by designating Newbold as an expert witness. Plaintiff subsequently filed the instant petition for a writ of prohibition. The Supreme Court issued a preliminary writ of prohibition, which it made permanent, holding (1) designating an expert witness does not, standing alone, irrevocably waive the protections afforded by the work product doctrine; and (2) in this case, there was no disclosing event that waived the work product privilege. View "State ex rel. Malashock v. Honorable Michael T. Jamison" on Justia Law

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Schwarz Pharma Inc. was sued in seven individual actions by Plaintiffs, who filed suit in the St. Louis city court. Schwarz filed a motion to transfer venue in these seven individual actions under Mo. R. Civ. P. 51.045. The trial court ruled that the motions were untimely because they were not filed within the sixty-day period after Schwarz was served. Schwarz wrought writs of prohibition in the court of appeals, which denied relief. The Supreme Court granted relief, holding (1) the trial court erred in ruling that Schwarz’s motions to transfer venue were untimely; (2) Schwarz’s timely filed motions demonstrated that venue was improper in St. Louis city; and (3) therefore, the trial court was required to sustain the timely filed motions to transfer venue. View "State ex rel. Schwarz Pharma, Inc. v. Judge Dowd" on Justia Law