Plaintiff had a pump and catheter surgically implanted in his abdomen to deliver pain relief medication directly to his spine, and he ended up a paraplegic. The opinion states defendant’s device caused the paralysis. The district court concluded plaintiff’s action was preempted by the Medical Device Amendment [MDA] to the Food, Drug, and Cosmetic Act [FDCA] […]
No Bystander Claim For Emotional Distress When There Is No Contemporaneous Perception That Defective Product Caused Injury.
Plaintiff brought an action after she suffered emotional distress upon witnessing the death of her brother while they were scuba diving off the coast of Catalina Island. At the time of the accident, plaintiff thought her brother had a heart attack, but later learned that a plastic flow-restriction insert had become lodged in decedent’s second stage […]
Second Judge’s Order Dismissing Action On Ground Of Forum Non Conveniens Affirmed After First Judge Denied Same Motion.
Just prior to retiring, the first judge denied a motion to stay or dismiss an action on the ground of forum non conveniens in a product liability case. A second judge granted the same motion when it was renewed. Plaintiffs appealed, contending the second judge erred by reconsidering without finding the earlier order was erroneous and […]
$13.8 Million Punitive Damages Not Unconstitutionally Excessive.
Betty Bullock smoked cigarettes for 45 years. The jury awarded $850,000 in compensatory damages and later awarded $28 billion in punitive damages. The trial court granted a new trial on the issue of excessive damages with the condition it would deny the motion if plaintiffs consented to reduce the punitive damages to $28 million. Plaintiffs […]
Judge Properly Excluded Expert Testimony After Concluding Claimed Damages Were Speculative.
A dental implant company sued a university for breach of contract involving clinical tests for a new implant the company patented. The implant company sought damages ranging from $200 million to over $1 billion. Following an evidentiary hearing, the trial court excluded as speculative the proffered testimony of an expert to that effect. The appellate […]
Primary Assumption Of The Risk Applies To Organized Recreational Motorcycle Riding.
Plaintiffs were injured while participating in a “Pursuit for Kids Toy Drive” organized annually by Harley-Davidson. As the procession of motorcycles drove along one lane of the freeway, a van turned into the lane, resulting in injuries to the plaintiffs. The trial court granted summary judgment for Harley-Davidson, holding it owed no duty to plaintiffs. […]
Claim Against Drug Company Dismissed.
One-year-old died after receiving his vaccine shot. His parents received $250,000 compensation from a government fund, and then brought action against the manufacturer of the vaccine. The federal district court dismissed the action on a motion for summary judgment, finding the claim was foreclosed by the National Childhood Vaccine Injury Act [42 U.S.C. § 300aa-22]. […]
No Fourth Amendment Violation For Tasing Suspect To Death.
In a bloody domestic violence situation, police used a taser on a suspect who would not release hold of a child. The suspect went into cardiac arrest and died. The district court granted summary judgment to the officers and the manufacturer. The Ninth Circuit affirmed, stating that courts must balance the nature and quality of […]
No Loss Of Consortium Claim Under Labor Code §4558.
Where an employee is injured in the course and scope of his or her employment, workers’ compensation is generally the exclusive remedy of the employee and his or her dependents against the employer. (Labor Code §§ 3600(a), 3602). Labor Code §4558 authorizes an injured worker to bring a civil action for tort damages against his […]
No Liability For Slip & Fall In Hotel Bathtub.
Plaintiff slipped and fell in a hotel bathtub and sued the hotel and the manufacturer of the bathtub. Against the manufacturer, he alleged the Slip-guard surface was not safe. Even plaintiff admitted industry standards were met. The appellate court stated plaintiff and his expert “were obligated to give a greater factual basis for application of […]