Articles Posted in Products Liability

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Defendant was convicted of domestic violence assault, domestic violence stalking, and endangering the welfare of a child. The Supreme Judicial Court vacated the judgment of conviction as to the charge of domestic violence assault and remanded for entry of a judgment of acquittal on that charge, holding that the record contained insufficient evidence for the jury to find, beyond a reasonable doubt, that Defendant’s conduct forming that basis for domestic violence assault occurred within the relevant limitations period. The Court also remanded to determine whether resentencing was necessary as to the stalking and endangering the welfare of a child charges. View "State v. Lacourse" on Justia Law

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Grant worked for Bath Iron Works from 1964-1970, and again from 1978-1994. During Grant’s first period of employment, asbestos was a common component of the insulation and other materials used at Bath, including for the construction and renovation of ships. Grant worked in a variety of positions, including as a ship cleaner. Cleaning included sweeping up debris— sometimes including asbestos. In 2011, Grant died of lung cancer, caused by exposure to asbestos. The trial court rejected, on summary judgment, Grant’s estate’s complaint, alleging negligence, violation of 14 M.R.S. 221 (defective or unreasonably dangerous goods), and loss of consortium. The complaint named 15 defendants, including Bath’s suppliers. The Maine Supreme Judicial Court affirmed. The trial court required the estate to show “[t]hat the defendant’s asbestos-containing product was at the site where the plaintiff worked or was present, and that the plaintiff was in proximity to that product at the time it was being used.” The estate was unable to produce evidence to establish a prima facie case that any of the named defendants’ products were a proximate cause of the injuries View "Grant v. Foster Wheeler, LLC" on Justia Law

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The Estate of Stanley Pinkham appealed a superior court judgment granting Cargill, Inc.’s motion for summary judgment on the Estate’s complaint. In 2004, Mr. Pinkham consumed a boneless turkey sandwich that contained a piece of bone. The turkey was "manufactured" by Cargill, Inc. The bone caused an esophageal tear requiring surgery (Mr. Pinkham died several years later after sustaining his injury. He did not sue for wrongful death). Three affidavits that the Estate relied on to defeat Cargill's motion for summary judgment were held inadmissible at trial. After consideration, the trial court granted Cargill's motion noting that Maine had not established the requisite test to use when evaluating a strict liability claim for allegedly defective food pursuant to its strict liability statute. On appeal to the Supreme Court, the Estate argued that it provided sufficient evidence to create a genuine issue of material fact, thereby rendering summary judgment inappropriate. The Estate further argued that the court erred in concluding that the Estate failed to meet its burden of proof to establish facts from which a fact-finder could infer that Cargill’s boneless turkey product was defective. Upon review, the Supreme Court agreed that summary judgment was not proper given the facts presented in this case, and vacated the superior court’s judgment and remanded the case for further proceedings. View "Estate of Stanley Pinkham v. Cargill, Inc." on Justia Law