Woman Who Lost Arm To Receive $8.8 Million

In 2004, a 16-year-old girl got the pocket of her coat caught on a bolt protruding from the drive shaft of an auger-like post-hole digger operated by her stepfather.  Her arm wrapped around the auger resulting in the loss of her arm.

A New York jury hearing the case in State Supreme Court decided the manufacturer of the digger, Ford New Holland (now known as Case New Holland) sold a defective product and awarded the now 21-year-old girl $8.8 million.  The jury placed 35% of the blame on Case New Holland and 30% each on Peter A Smith, the owner of the digger and the person who loaned the digger to the stepfather, and on SMC Corp. from Sioux Fall, S.D., the company who assembled the digger.

The bolt that caught on the girl’s coat was supposed to be covered by a shield, but the shield broke and was removed by Smith, […]

Mitsubishi Faces Wrongful Death Suit After Rollover Crash

The parents of a 17-year-old boy who was killed in 2009 when the 2000 Mitsubishi Montero in which he was riding rolled over has filed a wrongful death suit against the automaker, reports The Salem News.

The Ipswich, MA, teen and a 16-year-old girl were thrown from the back seat when the young driver who was unfamiliar with the road, lost control and rolled over on a curve just north of Route 60 in Revere.  Both were killed.

The lawsuit claims the “unreasonably dangerous” design of the Montero is to blame and that Mitsubishi Motors North America is liable.  This lawsuit adds to the already numerous ones around the country filed against Mitsubishi which alleges the SUV is top heavy – thus making it more likely to roll – and the manufacturer should have put an electronic stability control on all of its models.  Claims of seat belts coming undone under stress and that the roof and pillars were more likely to collapse on Mitsubishi that on other vehicles have also been noted. […]

$1.36 Million Award Over Asbestos in Cigarette Filters

Man develops asbestos-related cancer from “healthier” cigarette filters produced in the 50’s

In a rare victory against the Lorillard Company and its “Micronite” cigarette filters, a San Francisco jury has awarded $1.36 million to an ex-smoker who claims he developed a form of cancer from the filters on Kent cigarettes in the 50s, reports FairWarning.

Lorillard produced its “Micronite” filter for Kent cigarettes from 1952 to 1956 claiming it was the “greatest health protection in cigarette history” because it removed more tar and nicotine than the competitor’s filters.  It was later disclosed the Micronite tip contained highly toxic crocidolite – “African blue” – asbestos.

The 73-year-old terminally ill man was diagnosed with mesothelioma, an asbestos-related cancer, in 2009 and had a lung removed last year.  The jury found he smoked Kents when they had the Micronite filter containing asbestos in the 50s and that both Lorillard and Hollingsworth & […]

Retailer Sued after Child Dies in Defective Crib

An Omaha retailer, Hayneedle, Inc., is being sued by the parents of a 1-year-old boy who was allegedly asphyxiated in a defective crib accident, reports BostonHerald.com.

Hayneedle operated as Netshops Inc. at the time of the child’s death in 2008.  The child was in a Simplicity Ellis Deluxe 4-in-1 Convertible Sleep System crib when he got trapped between the crib’s mattress and the frame.  He died at Sturdy Memorial Hospital in Attleboro on January 30, 2008.

The lawsuit alleges Hayneedle was grossly negligent in failing to warn them about the crib’s dangerous and defective characteristics, and of the proper method of assembling, using and maintaining the crib.

This death was a key factor in prompting the U.S. Consumer Product Safety Commission (CPSC) to recall full-size Simplicity cribs with tubular metal mattress-support frames in April.  This construction poses a risk of serious injury or death due to entrapment, […]

GlaxoSmithKline Sets Aside $3.4 Billion For Avandia Suits

GlaxoSmithKline will put aside $3.4 billion to pay for additional product liability charges over its drug Avandia.