News
Strong & Hanni Obtains Summary Judgment for Client
September 17, 2009
Bob Janicki and Mike Ford obtained summary judgment in a case involving a wheel that came off of a semi trailer on I-15 and bounced into oncoming traffic, crashing into a car and killing the driver and seriously injuring other occupants. Our client manufactured the trailer according to the design specifications of the purchaser of the trailer. One of the design specifications was the use of a wheel-retention system, manufactured by a co-defendant in the case. Both defendants filed a motion for summary judgment, arguing that plaintiffs failed to show any product defect in the wheel retention system, since all evidence indicated that the wheel retention system worked properly, so long as it was installed correctly. Plaintiffs opposed the motion, arguing that the design of the wheel retention system “induced installation errors,” because it could be installed incorrectly, which constituted a product defect under strict product liability law. Judge Ted Stewart granted defendants’ motion for summary judgment, holding that a product is not defective for purposes of product liability law simply on the fact that it can be installed incorrectly.