DMAA is an ingredient of pre-workout energy boosters. A recent Chicago Tribune article describes DMAA supplements (a/k/a 1, 3-dimethylamylamine or methylhexaneamine) as being marketed as a natural substance that comes from geraniums. But substantial evidence negates that assertion. The U.S. Food and Drug Administration (FDA) is now calling on the…
Articles Posted in Product Liability
Appellate Court Publishes Opinion Regarding the Use of Tools to Modify Product Causing Injury – Perez v. JLG
Manufacturers have an obligation to make their products safe for regular use. However, how far does this obligation extend? Are manufacturers required to make it overly difficult for consumers to modify their products? A recent Illinois Appellate Court decision examines to what extent manufacturers are liable for after-market modifications made…
Engineering Expert Excluded from Testifying Because He Did Not Perform Any Tests to Form His Opinions – Bielskis v. Louisville Ladder, Inc.
While not every civil lawsuit requires a party to hire an expert, there are some instances where an expert’s opinion and testimony are vital to the case’s outcome. For example, if a plaintiff is making medical malpractice claims against a doctor or hospital, he or she will likely hire a…
Insurance Company Owed Duty to Defend Claim for Negligent Spoliation of Evidence Because the Vehicle Loss Was Tangible Property – Universal v. LKQ
The Illinois Appellate Court recently ruled on a spoliation claim in a product liability lawsuit arising out of a 2004 car accident. The trial court had ruled that the insurer for the defendant vehicle salvage company did not have to contribute to any settlement that might arise out the salvage…
168,000 Volkswagen and Audi Diesel Vehicles Recalled for Fuel Leaks
Back in November Volkswagen began notifying its customers that it would be voluntarily recalling numerous of its diesel models for faulty fuel injectors. The car manufacturer estimates that this recall could affect more than 168,000 vehicles. While Volkswagen’s website has more information on the specific models the Volkswagen recall effects,…
3 Million Verdict for Leg Amputation in Forklift Mishap – Price v. Nacco Materials Handling Group, Inc.
A Chicago jury entered a $3 million jury verdict against a forklift manufacturer in an Illinois product liability lawsuit. The Chicago lawsuit arose out of a work injury involving 35 year-old Keith Price and a forklift designed and manufactured by Nacco Materials Handling Group, Inc. As a result of the…
Federal Court of Appeals Rules That Expert Needed in SUV Rollover Case – Show v. Ford Motor Co.
In law, if you don’t agree with a lower court’s ruling, you have the option of appealing your case to a higher court. However, just because you file an appeal does not mean you will be happy with the outcome. In the product liability lawsuit of David Show, et al.…
Illinois Supreme Court Rules No Negligent Auto Design, Reversing 43 Million Verdict in Jablonski v. Ford Motor
An Illinois Supreme Court ruling in a product liability lawsuit confirms that manufacturers are not required to guard against every risk to the consumer. The verdict in Dora Mae Jablonski v. Ford Motor Company, No. 110096, reversed a $43 million judgment in a 5-0 vote. Jablonski was filed as a…
Illinois Construction Worker Receives $13.5 Million Verdict for Machine’s Design Defect – Stone v. MiTek Industries
A Central Illinois product liability lawsuit springing from a construction site injury returned the highest verdict in Tazewell County history. The Illinois jury awarded $13.5 million to the twenty-some year-old plaintiff who suffered a traumatic leg amputation; Justin Stone v. MiTek Industries and Central Illinois Truss, Inc., 10th Judicial Circuit,…
Appellate Court Holds Illinois Law Applies to Michigan Car Crash – Murphy v. Mancari’s Chrysler Plymouth
Legal venue is an important issue in many personal injury lawsuits, especially when the different states have different laws. In the product liability lawsuit of Joseph Murphy v. Mancari’s Chrysler Plymouth, Inc., No. 1-10-2178 (March 31, 2011), the Illinois Appellate Court sought to answer the question of whether Michigan law…