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Products Liability
Products liability is a particular specialty of the firm. The firm has extensive experience litigating claims involving alleged defects in motor vehicles and component parts, industrial and farm machinery, pharmaceuticals, electrical equipment, medical devices and appliances, asbestos-containing products, silica, aircraft and components, recreational vehicles, as well as ski, boating, playground and other kinds of sports equipment, and many other products. Examples include:
• Successfully defended manufacturer of compression plates and bone screws, obtaining favorable verdict from the Utah Supreme Court of Utah ruled that evidence of medical causation was insufficient to support an implied warranty claim, Fitz v. Synthes 990 P.2d 391 (1999).
• Represented utility in a two-month federal jury trial involving customer who alleged design defects in circulation system and erroneous instructions in water treatment program, which resulted in a favorable verdict for our client.
• Represented double amputee against manufacturer of a defective box car design, obtaining a multi-million dollar settlement.
• Successfully defended boat engine manufacturer against claim that engine was defectively designed because it was not equipped with a propeller guard. The Tenth Circuit Court of Appeals upheld the dismissal of the case. Allen v. Minnstar, Inc., 8 F.3d 1470 (1993)
• Serve as national counsel for a recreational equipment manufacturer, including coordination role with Consumer Product Safety Commission.
• Successfully represented heirs of an Air Force pilot in a Texas trial arising out of the crash of an Air Force C-21A jet. In obtaining a $10 million jury verdict for our client, we disproved defendants’ design claims. Serv-Air, Inc. v. Proffitt/Carey, 18 S.W.3d 652 (Tx. Ct. App. 2000).
• Serve as Utah counsel for a major automobile manufacturer.
Attorneys primarily engaged in this practice area are:
Nathan D. Alder Scot A. Boyd Phillip S. Ferguson William M. Fontenot Heidi G. Goebel William J. Hansen Geoffrey C. Haslam L. Rich Humpherys Dale J. Lambert Kelly H. Macfarlane David C. Richards Ruth A. Shapiro
For a list of representative clients, click here.
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