• Auto Defense
• Premises Liability
• Products Liability
• Employment Law
• General Civil Litigation
• Business Litigation
• Dental Malpractice
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Product Liability

      Frank D'Oro (Senior Partner/Los Angeles Office) successfully argued a products liability lawsuit against the manufacturer of a punch press machine.  The manufacturer failed to recall the machine despite its multiple violations of nationwide safety standards.  As a result of an omitted safety guard on the machine, the plaintiff suffered an above-elbow amputation of his left arm when the machine compressed 56 tons of force against his trapped appendage.  The plaintiff's vocational rehabilitation expert opined that the plaintiff would be unable to work for the remainder of his life as a result of this injury.  Mr. D'Oro argued that the machine had been defectively designed and that the manufacturer had inadequately warned its consumers of the unreasonable dangers of the product.  The jury returned a 10.4 million dollar verdict in favor of the plaintiff.  The case was subsequently settled on appeal. 

        Terence Carney (Senior Partner/Irvine Office) recently obtained a defense verdict in a hair salon case that took only 1½ days to try. The plaintiff alleged that she had suffered chemical facial burns with residual scarring as a result of the negligent application of a hair coloring product. She further claimed pain, embarrassment and humiliation over a three year period. On behalf of the defendant salon, Mr. Carney argued that the hair coloring was properly applied and that it is an accepted risk that when the hair coloring product comes in contact with the skin, it can on occasion cause some temporary irritation. He further argued that there was insufficient evidence to support a finding that any meaningful or significant injury was suffered.

After hearing from both the plaintiff and the salon owner, the jury returned with a defense verdict within 20 minutes.

Thomas W. Ely (Senior Partner/Irvine Office)  On August 13, 2003, an Orange County jury found in favor of Kawasaki in a wrongful death product liability lawsuit. Plaintiffs, the wife and three children of the 31-year-old decedent, claimed that a 2000 Kawasaki KX250 motorcycle was defective thus causing fatal injuries. The decedent had been operating the motorcycle off road in the Beaumont, Calif. area on January 1, 2002. While attempting a jump, the upper triple clamp fractured and the motorcycle essentially separated into two pieces. The decedent, who was wearing a helmet, was ejected, striking his head with such force as to cause a fatal brain injury.

The defendants contended that the decedent had traveled 118 feet from the takeoff ramp to the point of landing, dropping more than 30 feet, and that the vehicle over rotated, landing nose first. As a result, an excessive and abnormal force was applied to the front end of the motorcycle causing the triple clamps and steering stem to fail. Theses parts were properly designed and manufactured, but this was an unforeseeable misuse of the motorcycle.

Plaintiffs settlement demand was $6,800,000. The defendants, the designer, manufacturer, distributor and retail dealer, offered $50,000 per CCP 998. Nine experts were called to testify for the plaintiffs, seven for the defense. The trial lasted 7 weeks and the jury deliberated for 6 hours, before deciding that the motorcycle was not defective.