Defense Verdict in Favor of Ford
4/25/2008 11:12:46 AM
John Seipp and Armando Rubio of Seipp & Flick LLP, and Greg Schuck of Huie Fernambucq & Stewart LLP recently obtained a Defense Verdict and Final Judgment for Ford Motor Company in a wrongful death product liability action. Robert Disque, IV, a minor, unbelted passenger in a 1999 Ford Explorer was thrown from the vehicle during a single-vehicle rollover accident. Suit was brought on behalf of his estate and parents. Plaintiffs claimed that Mr. Disque was belted at the time of the accident, but that the vehicle’s restraint system failed due to the vehicle’s excessive and improper roof crush during the rollover sequence and Ford’s failure to use laminated glass in its side window, resulting in Mr. Disque’s ejection and death. In addition, Plaintiffs argued the vehicle’s handling and stability and warnings were defective. Plaintiffs asked the jury for an award in excess of ten million dollars in compensatory damages as well as unspecified punitive damages. Following a six week trial in Palm Beach County, the jury returned a verdict for Ford on all counts, finding no negligence on behalf of Ford no defect in the subject Explorer vehicle. The trial court denied Plaintiffs’ motion for a new trial.
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Summary Judgment in Motor Vehicle Product Liability Action
12/5/2007 10:45:35 AM
Armando Rubio recently obtained summary judgment in a wrongful death action in Dade County for American Honda Motor Co. Plaintiff had brought allegations of negligent design and manufacture of a Honda Odyssey. The Court found no defect in the subject vehicle as a matter of law, and entered judgment in favor of Honda on all Counts.
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Defense Verdict in Premises Liability Action
5/17/2007 4:08:30 PM
Partner Charlie Flick teamed with Associate Kathleen Phang in a successful defense of Target Corporation before a Palm Beach County, FL jury. Target had been accused of negligence after one of its assistant store managers attempted to move an aluminum step ladder using a shopping cart, and dropped it in the process. The Plaintiff, a 45 year old store customer, claimed that the falling ladder had struck her foot and injured her. The Plaintiff asserted that she had suffered a permanent injury in the form of a synovial impingement of the left subtalar joint, leading to surgery and more than $54,000 in medical bills. After deliberating for an hour and ten minutes, the jury returned with a defense verdict on May 9, 2007.
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Dismissal With Prejudice in Traumatic Blindness Action
3/6/2007 10:20:42 AM
Martin Jaffe and Frank Hosley recently obtained a Dismissal with Prejudice on all Counts of a product liability action involving traumatic blindness claims. Plaintiff claimed that he was polishing marble with a grinder wheel when it broke apart during use, sending a piece of the wheel behind Plaintiff's safety glasses into his left eye, causing permanent blindness. During discovery, Plaintiff's counsel either lost or destroyed the subject grinder wheel, power grinder and safety glasses allegedly worn by the Plaintiff. The trial court ruled that our client's defense was prejudiced beyond repair, and dismissed the entire case with prejudice. Plaintiff's last demand prior to our Motion to Dismiss was $2 million.
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Undefeated in 2005 and 2006!
10/24/2007 4:19:38 PM
Congratulations to the SF Warranty Litigation Group after completing December 2006 with Lemon Law Arbitration victories by Frank Hosley and Richard Spence. The firm is now undefeated in Lemon Law Arbitrations brought against motor vehicle manufacturers for the past two years!
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