Products Liability

Representative Experience

• Representation of an agricultural equipment manufacturer and distributer since the 1990's on a national basis in all types of product liability claims.
• Won dismissal and summary judgment in a series of multi-million dollar claims against a blow-mold manufacturer by demonstrating that the products used appropriate design and by proving that the injuries were caused by poor use and faulty operation. Won summary judgment on behalf of a European manufacturer of a thread rolling machine, proving the soundness of the manufacturer’s dual start design mechanism, and proving that the injuries were caused by the user’s disabling of that mechanism.
• Defended a consumer electronics company in litigation in Cook County, Illinois arising out of a fire in a home. The fire resulted in the death of the homeowner's four children.  After multiple expert depositions, we were able to obtain a settlement which was favorable to our client.
• Obtained a defense verdict in a trial arising from personal injuries the plaintiff received when using a power tool.  The Plaintiff claimed that a defect in the tool caused a malfunction during operation. Ice Miller was able to successfully cross examine his expert witness and demonstrate that the tool was designed properly; however, the plaintiff misused it. 
• Obtained summary judgment in Franklin County, Ohio in favor of a supplier and installer of a chiller where the plaintiffs own conduct contributed to their injuries and plaintiffs failed to demonstrate any negligence on the part of the supplier and installer.
• Represented the international manufacturer of a lathe in federal court in Ohio against claims asserted by a plaintiff who suffered a significant closed head injury.  After numerous fact and expert witness depositions revealed the plaintiff had not been properly trained on how to use the lathe, we were able to negotiate a favorable settlement for the manufacturer.
• Conducted aggressive, early case investigation into identification of manufacturer of microprocessor in control panel of fire truck to determine client's product was not present, resulting in voluntary dismissal of client for no payment early in the proceedings.
• Obtained summary judgment for manufacturer of medical device on federal preemption grounds in United States District Court, a ruling affirmed on plaintiffs' appeal to the 7^th Circuit Court of Appeals
• Defended a car seat manufacturer being sued in multi-million dollar lawsuit by a plaintiff suffering paralysis resulting from an automobile accident. Ultimately enabled the client to settle for substantially less than the cost of defense.
• Obtained defense verdict in trial in which plaintiff contended that a dock leveler on which he was performing maintenance suddenly and unexpectedly fell on him.  Through the use of effective cross examination we were able to demonstrate to the jury that the expert witness was not truthful in his opinions.
• Defended a leading helicopter manufacturer in three separate wrongful death actions resulting from the crash of a medical evacuation helicopter.