Sewell, O'Brien & Neal, PLLC is large enough to handle products liability claims, but small enough to make sure that your file receives the attention that serious products liability claims require. Some of our recent products liability cases include:
In March 2006, Peter Sewell and Ted Kozak obtained a unanimous defense verdict on behalf of a specialty welding contractor after a month-long trial in U.S. District Court in Louisville. A local electric utility hired a machining company to repair a large fan shaft at an electrical generating plant in Louisville. The utility requested that a portion of the shaft be machined down, that a weld overlay be applied and that the shaft then be machined back down to original specifications. Our client was hired on a subcontract basis to perform the computer-controlled welding work. Approximately 30 days after the work was performed the shaft broke. A dispute then arose as to whether the shaft broke because of deficiencies in the welding or due to other reasons within the control of the utility company.
The failure of the fan shaft caused the electrical generating plant to either be inoperative or to be limited to running at reduced capacity for a period of five weeks during a particularly hot summer. The utlity made a claim in excess of $6,000,000 for lost profits for claimed lost sales of electricity in the wholesale market, in addition to seeking damages for the cost of the repair. This lawsuit presented some rather complex metallurgical and computerized welding issues, as well as a very interesting claim for lost profits. The eight-man jury returned a unanimous defense verdict after one and one-half hours of deliberation.
- In 2005-2006, Ken O'Brien represented a furniture manufacturer in a wrongful death claim in federal court. The plaintiff was the Estate of a young man who had just graduated from a professional school program. Unfortunately, the young man fell on a glass table after an evening of celebrating with classmates. He died almost instantly. The Estate argued that compliance with a British safety standard would have prevented death or serious injury. The manufacturer established that the table complied with all federal and state safety requirements, and that it was similar in its design and construction to a number of other products on the market. The parties reached a confidential settlement after mediation.
- In 2005, Ken O'Brien represented a retailer of a specialized equipment used in the waste collection industry. The retailer submitted the winning bid to provide an automated refuse body for a garbage truck. The lawsuit arose from an unfortunate accident that resulted in the death of a young boy. The boy's family sued the retailer and manufacturer or the refuse body, the retailer and manufacturer of the truck chassis, the city, and its driver. The plainitffs alleged that the garbage truck was unreasonably dangerous because of the driver had limited visability of children and objects near the vehicle. Both retailers established that they strictly complied with the city's bid specifications and were granted summary judgment. The action against the manufacturers continued after the city entered into a compromise settlement with the family.
- In 2004, Ken O'Brien represented a furniture retailer in a wrongful death claim involving a multiple fatality house fire. The plaintiffs alleged that a young child used an imported cigarette lighter to ignite an upholstered sofa. The fire resulted in the death of a mother and 3 of her young children. The plaintiffs sued the sofa manufacturer, the sofa retailer, and entities involved in the importation of the cigarette lighter. The furniture defemdamts established that the sofa exceeded all state and federal safety requirements, and noted that the safety regulations were intended to prevent accident ignition rather than an intentional act. The defendants also challenged the plaintiffs' theory of how the fire started, noting that there was no credible evidence that the boy ignited the sofa and that it was just as likely that he ignited one of the many other flammable items in the house.