Products Liability Law Reporter

Doe, 28, was driving through an intersection when he was struck by another vehicle, whose driver had allegedly run a red light. Doe’s vehicle overturned, causing him to suffer a catastrophic spinal injury. As a result, he requires lifelong care.

Doe sued an undisclosed defendant, alleging an automotive defect led to his catastrophic injuries during the collision.

The parties settled for $3 million.

Citation: Doe v. Roe, Confidential Dkt. No. (Cal. Confidential Ct. June 2023).

Plaintiff counsel: AAJ members Jonathan Michaels and Travis Eagan, both of Costa Mesa, Calif.

Comment: In Burdess v. Cottrell, Inc., 2023 WL 4422642 (E.D. Mo. July 10, 2023), Gregory Burdess, a car hauler for 25 years, allegedly loaded cars on trailers designed and manufactured by Cottrell, Inc. He suffered bilateral rotator cuff impingement and carpal tunnel syndrome, necessitating multiple surgeries to both upper extremities. His treating physicians noted that his work was the prevailing factor in his injuries. Burdess and his wife sued Cottrell, Inc., alleging defective design, negligence, and breach of implied warranty. They sought damages for loss of consortium, as well as punitive damages. The district court denied the defendant’s summary judgment motion. The court found that the evidence, including the fact that Burdess drove only Cottrell rigs, was sufficient to give rise to a triable question of fact as to the source of Burdess’s injuries. The court rejected the defense argument that summary judgment was warranted based, in part, on Burdess’s alleged failure to identify the specific rigs he used over his career, including all manufacturers, models, designs, and conditions. Brian M. Wendler, Maryville, Ill., represented the plaintiffs.