Product Liability

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Williams Montgomery & John is known for aggressively and creatively defending high-stakes product liability lawsuits.

Several of the firm's product liability representations have been recognized by The National Law Journal as "Outstanding Defense Verdicts" in the United States, including the successful defense of:

  • Black & Decker in a lawsuit arising out of the alleged defective design of a power saw.
  • Bill Kelley Athletic in a lawsuit alleging the defective design of a football helmet.
  • Goodyear in a lawsuit alleging that a defective tire resulted in tread separation causing a vehicle rollover accident. 

We regularly defend manufacturers, distributors and retailers against product liability claims based on negligence, strict product liability and breach of warranty. Our attorneys have litigated cases involving an extensive array of products, including:

  • silicone breast implants, contact lens solution, pharmaceuticals and dietary supplements;
  • genetically engineered corn;
  • child safety restraints;
  • televisions;
  • above-ground swimming pools;
  • vehicle tires, axles, brakes, clutches and other components;
  • aircraft engines and components;
  • industrial and consumer power tools;
  • welding rods, conveyer systems, heat exchangers and other manufacturing equipment;
  • earth moving and farming equipment; and
  • asbestos and toxic chemicals.

The trial attorneys at Williams Montgomery & John are skilled at developing the factual and legal defenses and explaining to jurors the complex scientific and technical issues that often arise in product liability cases.

As a result of the firm's experience, our attorneys have been retained as national and regional trial counsel for more than 60 corporate clients, including Ford Motor Company, Fisher-Price (US) Inc., Black & Decker, General Electric, Goodyear Tire & Rubber, Cooper Tire & Rubber, Bausch & Lomb, Inc., Genentech, Inc., Muskin Pools, Kimberly-Clark, Eagle Picher and Standard Asbestos.

A more descriptive list of representative matters can be found by clicking on the "Representative Matters" link above.

The firm's product liability practice is led by partner Barry Montgomery, a Fellow of the International Academy of Trial Lawyers who has been recognized by The National Law Journal as one of the "Top 10 Litigators in the United States." He is listed in Best Lawyers in America, has been selected by his peers for inclusion in Illinois Leading Lawyers for product liability defense and has been recognized in the International Who's Who of Product Liability Defense Lawyers. Several additional partners of the firm are listed in Illinois Leading Lawyers and Illinois Super Lawyers for product liability defense, one is a recommended lawyer in The American Lawyer's "National Directory of Product Liability Lawyers" and another serves as vice-chair of the product liability group of the Primerus Defense Institute.

For more information about the firm's product liability practice, please contact Mr. Montgomery at 312.443.3242 or cbm@willmont.com.

 

Representative Matters

  • Abbott v. Maplan/Starlinger
    U.S. District Court, Northern District of Illinois
    Obtained summary judgment in product liability lawsuit against German manufacturer involving injection molding machine manufactured by defendant. Plaintiff alleged malfunction of machine caused serious personal injuries.
  • Asbestos Litigation
    Various courts in Midwest
    Defended thousands of product liability lawsuits as regional counsel for Eagle Picher and Standard Asbestos. Plaintiffs alleged death and injury from inhalation of asbestos. At various times, defended 13 additional companies, including Borg Warner, Brand Insulations, Atchison, Topeka & Santa Fe Railroad and Soo Line Railroad, in asbestos litigation.
  • Atwood v. Milwaukee Solvents
    Circuit Court of McHenry County, Ill.
    Obtained nuisance value settlements in class action product liability and mass tort lawsuit against Milwaukee Solvents involving TCE (trichloroethylene) supplied by defendant. Plaintiffs alleged TCE contamination of a subdivision's underground water supply.
  • Bausch & Lomb, Inc./Renu with Moistureloc Product Liability Litigation
    Various state and federal courts in Illinois
    Obtained reasonable settlements in product liability lawsuits against Bausch & Lomb, Inc. and Walgreen Co. involving contact lens solution. Plaintiffs alleged product contamination caused adverse health effects.
  • Brown v. Titanium Metals Corporation of America (Timet)
    Illinois state courts, federal district courts sitting in Illinois, and various other courts throughout the country
    Successfully resolved product liability mass tort action against Timet involving titanium ingot manufactured by defendant. Plaintiffs alleged defective ingot resulted in metal fatigue of an engine part, causing the United Airlines crash in Sioux City, Iowa.
  • Cartwright v. Goodyear Tire Company

    Circuit Court of Cook County, Ill.
    Settled product liability tire separation case brought against client Goodyear. Case previously tried by different defense counsel, resulting in $12 million verdict that was overturned on appeal.

  • Dal Pozzo v. Basic Machinery Company, Inc.
    U.S. Court of Appeals, Seventh Circuit
    Favorably resolved product liability lawsuit against robotics manufacturer alleging serious personal injuries.
  • Debra Dowe, et al. v. National Passenger Railroad Corp., et al.
    U.S. District Court, Northern District of Illinois
    Obtained dismissal of product liability lawsuit against General Signal Corporation involving railroad crossing signal device manufactured by defendant. Plaintiffs alleged defective device resulted in train-truck collision that caused multiple deaths and personal injuries.
  • Diet Drug Litigation
    U.S. District Court, Eastern District of Pennsylvania and multiple state courts
    Obtained dismissal as national coordinating and trial counsel for drug distributor Abana Pharmaceuticals in more than 3,000 federal and state court product liability lawsuits involving fen-phen. Plaintiffs alleged adverse health effects caused by use of the diet drug product.
  • Doe v. General Electric, et al., Breast Implant Litigation
    Circuit Court of Cook County, Ill.
    Obtained summary judgment in product liability lawsuits against General Electric involving silicone breast implants.
  • Epstein v. A.F.C. Fence
    District Court, Naples, Fla.
    Settled product liability lawsuit against A.F.C. Fence involving automatic gate installed by defendant. Plaintiff alleged malfunction of gate resulted in death.
  • Estate of Cody Quimby, minor v. Sears, Roebuck and Co.
    U.S. District Court, District of Arizona
    Won product liability lawsuit against Sears involving above-ground pool manufactured and sold by Sears. Plaintiff alleged defective design resulted in serious personal injuries to 15-year-old who dove into the pool.
  • Ford Explorer/Firestone Tire Tread Separation Litigation
    Various courts in Illinois, Indiana, Iowa, Virginia, North Carolina, Pennsylvania and Florida
    Obtained favorable settlements in dozens of product liability lawsuits against Ford Motor Company involving Firestone tires on Ford Explorers. Plaintiffs alleged tread separation of the tires resulted in vehicle rollover accidents causing serious personal injuries.
  • Gaskin v. Sharp Electronics Corp.
    U.S. District Court, Northern District of Indiana
    Favorably settled product liability lawsuit against Sharp Electronics involving a television manufactured by defendant. Plaintiff alleged product defect resulted in fire inside a home that caused death and serious personal injuries.
  • General Electric Welding Rod Litigation
    State courts in Illinois, Indiana, Ohio and Wisconsin
    Obtained dismissal of individual and class action product liability lawsuits against General Electric involving welding products manufactured by defendant. Plaintiffs alleged defective welding rods resulted in exposure to manganese fumes.
  • Genetically Altered Corn Cases
    U.S. District Court, Northern District of Illinois
    Successfully defended product liability class action lawsuits involving corn flour sold by defendant. Plaintiffs alleged taco products were contaminated with genetically altered corn (Starlink) and caused injury when consumed.
  • Hanna v. Genentech, Inc.

    Circuit Court of Cook County, Ill.
    Favorably resolved lawsuit against client Genentech in which plaintiff claimed he suffered an extreme exacerbation of his psoriasis, along with debilitating joint pain, after using the defendant's anti-psoriasis drug in an experimental trial. Case settled for nominal amount shortly after plaintiff's deposition was taken.

  • High Temperature Plastic Vent Pipe Litigation
    Coordinated the successful defense of nationwide class actions as Chevron’s supervising North American counsel. Represented company in class actions in Tennessee, Alabama and Georgia; in provincial class actions in Quebec and Ontario, Canada; in related litigation in Illinois, Massachusetts, Pennsylvania and Texas; and before the Consumer Products Safety Commission in connection with an innovative industry wide corrective action plan. Also prosecuted and settled corporate claims for indemnity.
  • Johnson v. Avco/Textron/Lycoming et al.
    U.S. District Court, Eastern District of Missouri
    Favorably resolved product liability lawsuit against Avco, Textron and Lycoming involving an airplane engine. Plaintiff alleged defective design resulted in a catastrophic crash that caused five deaths.
  • Kantor v. Ford Motor Company
    U.S. District Court, Northern District of Indiana
    Obtained dismissal of product liability lawsuit against Ford Motor Company involving airbag in vehicle manufactured by defendant. Plaintiff alleged airbag deployment during side impact crash caused serious personal injuries.
  • Largosa v. Ford Motor Company
    Circuit Court of Cook County, Ill.
    Won dismissal of product liability lawsuit against Ford Motor Company involving seat belts and seat backs in vehicle manufactured by defendant. Plaintiff alleged manufacturing and design defects resulted in serious personal injuries during vehicular accident.
  • Leroy Latos v. Manchester Tank & Equipment Company
    Circuit Court of Cook County, Ill.
    Achieved defense verdict in product liability lawsuit against Manchester Tank involving propane cylinder manufactured by defendant. Plaintiff alleged defective cylinder was overfilled, resulting in a fire that caused serious personal injury and death.
  • Lister v. Bill Kelley Athletic, Inc.
    Circuit Court of DuPage County, Ill.
    Won product liability lawsuit against Kelley Athletic, Inc. involving football helmet manufactured by defendant. Plaintiff alleged defective design and failure to warn after sustaining serious personal injuries when making a tackle during a high school football game. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
  • McCaffery v. General Electric, et al.

    Circuit Court of Cook County, Ill.
    Obtained dismissal on behalf of the defendants in product liability lawsuit. Plaintiff claimed he developed Parkinson's disease as a result of exposure to manganese contained in the fumes given off during the welding process. Plaintiff's complaint was dismissed by the court for failure to state a cause of action.

  • Mesman v. Crane Pro Services
    512 F.3d 352 (7th Cir. 2008)
    Affirmed defense verdict in product liability lawsuit involving plaintiff who had sustained serious personal injuries. Decision followed remand from multimillion-dollar plaintiff's verdict when case was tried by different defense firm.
  • Peterson v. Goodyear Tire & Rubber Co.
    Circuit Court of Cook County, Ill.
    Achieved verdict in product liability lawsuit against Goodyear seeking $21 million in damages. Plaintiff alleged tread separation of Goodyear tires resulted in vehicle rollover accident causing serious personal injuries. Case cited by The National Law Journal as one of the “Outstanding Defense Verdicts” in the United States. Decision reported in BNA’s Product Safety and Liability Reporter, Vol. 23:23, pp. 614-615, June 16, 1995.
  • Quinones v. Prater Industries

    Circuit Court of Cook County, Ill.
    Obtained favorable settlement for Prater Industries in product liability lawsuit. Plaintiff had his foot nearly amputated when he attempted to stop a large rotary grinding machine manufactured by the defendant. On the second day of trial, case settled for $25,000.

  • Scheldt v. Terminix

    Circuit Court of Champaign County, Ill.
    Achieved verdict of not guilty for Terminix in a product liability/toxic tort case. Two plaintiffs alleged improper application of Dursban caused them to suffer multiple chemical sensitivity syndrome.

  • Sedler v. Hobart Corporation
    U.S. District Court, District of Maryland
    Obtained summary judgment in product liability lawsuit against Hobart Corporation involving commercial meat saw manufactured by defendant. Plaintiff alleged product design defect caused serious personal injuries.
  • Smith v. Black & Decker
    Circuit Court of Will County, Ill.
    Won product liability lawsuit against Black & Decker involving power saw manufactured by defendant. Plaintiff alleged defective design resulted in accident that caused serious personal injuries. Case cited by The National Law Journal as one of the "Outstanding Defense Verdicts" in the United States.
  • Smith v. Titan Steel Wheels Ltd. (UK), et al.

    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement in product liability lawsuit against Titan Steel Wheels involving five-piece rim assemblies manufactured by defendant. Plaintiff alleged defective assembly resulted in vehicular accident that caused serious personal injuries.

  • Toxic Shock Syndrome-Tampon Litigation
    Multiple Jurisdictions
    Represented Kimberly-Clark as national coordinating and trial counsel in product liability lawsuits involving Kotex tampons. Plaintiffs alleged use of product caused toxic shock syndrome resulting in death and serious personal injuries. Achieved defense verdicts in only two cases tried; settled multiple additional cases.
  • Various Plaintiffs v. Liquid Carbonic Corporation (n/k/a Praxair, Inc.)
    Various courts in Texas, DuPage County, Ill., and Cook County, Ill.
    Successfully resolved product liability/toxic tort lawsuits against Liquid Carbonic alleging brain damage and neurological damage caused by inadequate warnings and defective design of tanks of ethylene oxide. Obtained nuisance value settlements in Texas cases and summary judgment in Illinois cases.
  • Vasilion v. Hapag-Lloyd, Three I Truck Lines
    Circuit Court of Cook County, Ill.
    Obtained reasonable settlement in product liability lawsuit against Three I Truck Lines involving a shipping container. Plaintiff alleged defects resulted in the container being torn away from trailer bed when container hit expressway overpass, causing serious personal injuries.
  • Whirlpool Corporation v. Sensata Technologies, Inc. and Texas Instruments Inc.
    Circuit Court of Cook County, Ill.
    Currently represent Whirlpool in product liability lawsuit seeking damages arising from recall of 1.8 million refrigerators caused by defective component manufactured by Texas Instruments.
  • White v. Durr Environmental
    U.S. District Court, Southern District of Illinois
    Obtained voluntary dismissal, with prejudice, of lawsuit against Durr Environmental arising from explosion at printing facility. Plaintiff, who sustained serious personal injuries, alleged explosion was caused by malfunction of thermal oxidizer manufactured by defendant.