Segal McCambridge attorneys, Jeffrey Singer and Brian Eldridge, successfully obtained summary judgment in a $6 million product liability case on behalf of Medline Industries, Inc. The case was brought as a subrogation claim by the property insurer for the NHC nursing home facility in Nashville that caught fire in September 2003. The plaintiff alleged the damages were caused by a mattress sold by Medline Industries that allegedly caught fire and released large amounts of thick, toxic smoke. It sought damages exceeding $6 million for monies it paid for property damage and business interruption loss.
Segal McCambridge filed a motion for summary judgment asserting that there was insufficient evidence to establish product identification. Although 90% of the nursing home's mattress inventory consisted of Medline's mattresses, Segal McCambridge conclusively established that it could not have been Medline's mattress on the subject bed where the fire was believed to have originated. U.S. District Court Judge Wiseman granted summary judgment in favor of Medline Industries and its co-defendant Creative Bedding.