Cases
Notable Cases: Castellanos v. Briggs & Stratton Corp.: Summary Judgment granted in favor of Briggs & Stratton on alleged defective high-pressure hose of pressure washer on the grounds the Georgia Statute of Limitations was applicable since that jurisdiction had the most contacts
the accident occurred in Georgia.
Garcia v. Schindler Elevator Corporation: 459 Fed. Appx. 865 (11th Cir. (Fla.) 2012)
Summary Judgment on issue of Coblentz Agreement Affirmed.
Plaintiff attempted to enforce Coblentz Agreement entered into with Miami-Dade County on issue of liability
consent judgment. District Court, Judge James King, determined Miami-Dade County violated the terms
conditions of the indemnity the provision of the service contract with Schindler. Judge King further determined the Coblentz Agreement entered into by Miami Dade County was null
void.
World-Wide Volkswagen Corp. v. Woodson: 444, US 286 (1080)
Supreme Court determined Oklahoma lacked jurisdiction over New York Distributor
New York Dealer who did not have sufficient minimum contacts with Oklahoma consistent with due process of the Fourteenth Amendment to exercise personal jurisdiction..
The trial of this matter involved a post-collision fuel fed fire with allegations of design defect in the placement
thickness of the fuel tank
design of the fuel filler neck. After three weeks of trial, the jury determined there were no defects that caused Plaintiffs' extensive burn injuries
found in favor of the manufacturer
importer.
Stapleton v. Freightliner, LLC: Obtained defense verdict for this wrongful death roof crush/pillar support case. The trial took place over three weeks in the U.S.D.C. S. Dist. of Fla., WPB Div. The Freightliner tractor was hauling dual trailers when its driver lost control
the entire unit overturned
slammed into a large diameter steel pole supporting overhead signs on I-75. Accident reconstruction, design
biomechanical experts testified for each side. Jury reached verdict in 3 hours. Judge Daniel Hurley presided.
Friedman v. Audi AG, (U.S.D.C. S.D. of Fla., WPB Div.): Plaintiff lost control
her vehicle which rolled over four times off the road
she was rendered paraplegic. Defect allegations were lack of crashworthiness in that there was excessive roof crush, roof support pillars were not sufficiently strong
the restraint system released allowing Plaintiff to make significant contact with the roof. Trial took five weeks
the jury found in favor of the manufacturer
importer as to all defect allegations. Judge James C. Paine presided.
Sassi v. Mazda America Corp.: Plaintiff alleged her Mazda Miata's frontal airbag should have deployed when the vehicle in front of the Mazda was rear-ended. After three days of trial, the judge was recused. Subsequently, Summary Judgment was granted in favor of Mazda importer.
Izaguirre v. Komori America Corp.: Court granted Summary Judgment in favor of Komori
granted $15,000 in attorneys' fees based upon failure to timely dismiss.
Milord v. Pepsico: Plaintiff alleged when she opened refrigerator, 16 oz bottle tipped over
bottle cap ejected striking her in eye causing injury. After two weeks of trial, jury found in favor of Pepsico
against Plaintiff on all defect allegations. Judge Norman C. Roettger presided.
McGill v. Volkswagen of America, (U.S.D.C. S.D. of Fla., Miami Div.): Personal injuries were sustained (crushed leg) when visitor at auto dealership was struck when rear of demonstrator Audi (manual transmission) lurched rearward
struck Plaintiff. Alleged defect was failure to equip vehicle with ignition safety interlock. Trial Court Judge, Stanley Marcus, granted Directed Verdict.
Quinones v. Automobili Lamborghini America, LLC.: On April 28, 2009, Summary Judgment was granted in favor of Automobili Lamborghini America, LLC, after the plaintiff sued for negligence
strict products liability stemming from a fire in his vehicle.
RumbergerKirk Attorneys Myron Shapiro
Brooke Guenot represented Lamborghini.
The plaintiff alleged that Lamborghini negligently failed to perform proper repair work
was strictly liable for its failure to properly design, manufacture, inspect
test the subject vehicle's engine
clutch system. Citing the economic loss rule, it was argued that absent damage to person or property other than to the vehicle itself, the plaintiff's tort claims were barred. Parties should protect against the risk of economic loss during contract negotiations through warranty provisions
price adjustments, rather than attempt to recover in tort after an alleged loss occurs. District Judge Moreno of the Southern District of Florida agreed, granting Summary Judgment in favor of Lamborghini.
