Whitaker v. Sears, Roebuck & Co. is a product liability case that was decided by the Appellate Division of the Supreme Court of New York in 2014. The case involved a plaintiff, Michael Whitaker, who was injured while using a table saw that he had purchased from Sears. The decision of…
Articles Posted in Product Liability
Appellate Court found that there was a triable issue of fact as to whether a bottle of acetaminophen was defective. Kelly v. CVS Pharmacy, Inc., 73 A.D.3d 1019 (2d Dep’t 2010)
Product liability cases arise when a product causes harm or injury to a consumer due to a defect in its design, manufacturing, or labeling. In such cases, the manufacturer or seller may be held liable for the damages caused. Product liability cases are complex and require the expertise of an…
Appellate Division determined that plaintiff presented enough evidence to proceed with her product liability claim. Ippolito v. Sears Roebuck & Co., 121 A.D.3d 529 (2d Dep’t 2014)
In Ippolito v. Sears Roebuck & Co., the plaintiff, Linda Ippolito, alleged that she was injured by a defective product that she purchased from Sears Roebuck & Co. This case demonstrates the importance of product liability law and the duty that manufacturers and sellers have to ensure the safety of…
New York Appellate Court Rules on FDA Complaint by Food Grower
The plaintiffs in the case are Tray Wrap, Inc. The defendants in the case are Pacific Tomato Growers LTD and Florida Fruit and Vegetable Association. Case History In this case, the defendant Florida Fruit and Vegetable Association is seeking an order for a summary judgment over the plaintiff in the…
New York Appellate Court Discusses Liability in Products Liability Case
On 16 April 1973 at approximately 3:30 in the afternoon, natural gas which had escaped from a leak and accumulated in the basement of a building (premises liability) and exploded. The explosion and resulting fire killed someone, seriously injured three people, destroyed a building and caused extensive damage to other…
Comic Jerry Seinfeld’s Wife Being Sued for Copyright Infringement
Stand up comic and television personality Jerry Seinfeld has recently had to see his wife sued on charges of copyright infringement, says a New York Personal Injury Lawyer. Mrs. Seinfeld, who recently published a book entitled, “The Sneaky Chef,” is fighting to keep the case against her from being reinstated.…
Ohio Uses New Drug for Executions
Ohio announced that it would start using pentobarbital for executions. Ohio is not the only state making the switch from using thiopental. Oklahoma is also using the drug for executions, a New York Injury Lawyer reported. Ohio usually uses 5 grams of thiopental but they will be using 5 grams…
Nonprofit Law Clinic Fights for Wronged Americans
A New York Product Liability Lawyer recently reviewed California Superior Court Case # 30 and revealed that CPAC, a non-profit law clinic, is determined to help both the elderly and the young struggling families who have been affected by bank fraud and are facing homelessness. “CPAC is trying to accomplish…
U.S. Supreme Court rules with the National Childhood Vaccine Injury Act of 1986
New Yok Injury Lawyers described today how the U.S. Supreme Court was faced with a decision regarding a person’s right to sue a vaccine manufacturer for design defects. The NCVIA of 1986 was passed to protect and held responsible for patients who incur injuries or side effects from vaccinations due…
Mistakes cause morphine label changes
A study confirmed that changes had to be made to morphine labels due to errors. The FDA along with the manufacturers of the morphine solution gave a warning to medical professionals of the possibility that it can cause health issues if taken in excess. Therefore, they have changed their label…