John B. Stewart, Attorney at Law
Home | Attorney Profile | Practice Areas | Resources | Representative Cases | News | Contact | Resume | Site Map
 
Of the firm Murphy & Manitsas, LLP
Springfield, MA
Practice Areas
    > Practice Areas > Products Liability

Products Liability

Products Liability Claims

In Massachusetts claims are typically brought alleging negligence, breach of implied warranty (strict liability) and violation of the consumer protection act. Although comparative negligence is a defense to a negligence claim, an accident must be caused by a user's willful and knowing misuse of the product to constitute a defense to a warranty claim.

I have experience defending these claims and have obtained some good trial results. A few examples are:

In Roberge v. Roberge, a jury concluded a bicycle was not defective resulting in a defense verdict for a homeowner who supplied a bicycle to his 13 year old nephew. The boy claimed the brakes on the bicycle were defective and caused him to crash into a mailbox, sustaining a broken jaw. At trial the world's foremost expert on Columbia bicycles testified that he tested this bike and it met CPSC braking standards.

In Burgos v. Danly Machine, a federal court jury found a warning on a 50 ton press was insufficient, but that breach of warranty did not cause the plaintiff's injury, resulting in a defense verdict.

In Sweetbrook v. INA, a jury concluded the insurer sustained its burden of proving a policy exclusion of "inherent defect" as being the cause of a rupture in a large commercial water storage tank.

Here are some cases from my practice:


Download: burgos_v._danly_machine.pdf
Download: cramer_v._romani_opp_msj0001.pdf
Download: mahar_v._hanover_house_decision0002.pdf
Download: motion_to_compel_wc_file.pdf
Download: msj_product_liability.pdf
Download: ruel_v._scan-a-matic_msj0001.pdf
Download: witte_v._thermold_msj_decision.pdf

 
 
 
John B. Stewart, Attorney at Law, Of the firm Murphy & Manitsas, LLP
20 Maple Street, Suite 301, Springfield, MA 01103 • Ph (413) 206-9134 • Fax (413) 733-4403