8/12/2007 - Summary Judgment in Products Liability Case
H. L. Ferguson, Jr. and S. Lisa Frost obtained a summary judgment and successfully defeated the plaintiff’s appeal of the judgment to the Alabama Supreme Court in a product liability case. This case involved severe and life threatening injuries to the plaintiff who was struck by a competition ski boat while swimming. The plaintiff alleged the ski boat was defective due to its lack of a propeller guard.
The plaintiff filed suit against the manufacturer of the competition ski boat, the ski boat’s owner and the driver. After engaging in discovery, we filed a motion for summary judgment in defense of the boat manufacturer, contending the plaintiff had not submitted substantial evidence of a design defect even though the plaintiff contended the lack of a propeller guard on a ski boat was a design defect and caused the boat to be unreasonably dangerous. We argued the plaintiff was required to prove an available and feasible alternative design in a design defect case under Alabama's Extended Manufacturer's Liability Doctrine. We also argued such an alternative design must not cause other dangers or affect the operation of the boat. The plaintiff appealed, but the Alabama Supreme Court upheld the trial court’s decision based on the appellate arguments put forward by Mr. Ferguson and Ms. Frost.
For more information regarding this matter or the firm's experience with products liability cases, serious personal injury claims and appellate work, please contact the lawyers in those practice groups.
