SMSM Attorneys Obtain Summary Judgment in Product Liability Case


March 20, 2007

Segal McCambridge Singer & Mahoney attorneys, Jeffrey Singer, Paul Wojcicki, Kimberly Kayiwa and Katie Sleeker obtained summary judgment for a medical device manufacturer in a product liability case. On March 12, 2007, the United States District Court for the Northern District of Illinois granted Kurt Manufacturing Company's motion of summary judgment, finding that the plaintiff failed to produce evidence to support the claim of product liability and negligence on the part of the defendant medical device manufacturer. The plaintiff claimed that the deceased, an elderly resident of an assisted living facility, fell on a walker manufactured by the defendant. The woman sustained injuries to her arm from a component of the walker and passed away a few months following the incident. The defendant argued that the walker was not being used to its intended or foreseeable purpose because it was not in use at all. Therefore it could not be defective. The injuries sustained were not the result of the use of the walker but instead to the fact that she fell or collided with the walker's component parts.