08/13/2019 | News release | Distributed by Public on 08/13/2019 14:34
Klida Obtains Dismissal of Product Liability Case Under Fed. R. Civ. P. 12(c)
August 13, 2019
Patrick Klida (Associate-Michigan) briefed and argued a motion for judgment on the pleadings pursuant to Federal Rules of Civil Procedure 12(c) in the U.S. District Court, Eastern District of Michigan. In this wrongful death action, the plaintiff's estate brought multiple product liability claims against a manufacturer of a four-post automotive lift. The plaintiff alleged that while the decedent's son drove a vehicle onto the lift, it 'violently and without warning slid across the garage floor and struck [the decedent] in the back and head.' As a result, plaintiff claimed that the decedent 'sustained severe injuries' leading to his 'eventual death.' The plaintiff raised claims of negligent production, breach of implied warranty, gross negligence/actual knowledge, breach of express warranty, and failure to warn. Moving under Fed. R. Civ. P. 12(c), Patrick argued that the defendant manufacturer was entitled to dismissal based on the plaintiff's failure to provide sufficient factual allegations to state a claim based on alleged defects or failure to warn. The District Court agreed, granted defendant's motion, and dismissed the plaintiff's complaint with prejudice.