Articles Posted in Products Liability

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Plaintiffs, Nelson and Elaine Cruz, filed a complaint against the car dealership where Nelson purchased his vehicle (Ricky Smith), alleging that while Nelson was cleaning the inside of his minivan, both front airbags unexpectedly deployed, injuring him. Plaintiffs' complaint alleged negligence, strict products liability, negligent misrepresentation, and res ipsa loquitur. In addition, Elaine sought damages for loss of consortium. The trial justice granted Ricky Smith's motion for summary judgment on all counts. The Supreme Court affirmed, holding that the hearing justice properly granted summary judgment in Ricky Smith's favor on Nelson's claims of negligence and misrepresentation, and consequently, Elaine was barred from recovering damages for loss of consortium. View "Cruz v. DaimlerChrysler Motors Corp." on Justia Law

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Plaintiff Harodite Industries filed a complaint against defendant Warren Electric for negligence and other causes of action, seeking damages for the failure of a gasket in the oil pre-heater that Harodite purchased from defendant. After conducting discovery, Harodite filed a motion to amend its complaint. The hearing justice denied Harodite's motion. Plaintiff then filed a motion for a stay pending a ruling on the petition for writ of certiorari it intended to file with the Supreme Court. Defendant objected to the motion, arguing that the court should apply a Massachusetts statute of limitations to plaintiff's proposed amended complaint. The hearing justice held that Rhode Island's ten-year statute of limitations should apply and granted Harodite's motion for a stay. The Supreme Court affirmed the rulings of the superior court, holding (1) the hearing justice did not abuse her discretion in denying Harodite's motion to amend its complaint; and (2) the hearing justice correctly determined that Rhode Island's statute of limitations would be the relevant statute of limitations with respect to the allegations set forth in Harodite's proposed amended complaint, and therefore, those allegations would not be barred by the statute of limitations. View "Harodite Industries, Inc. v. Warren Electric Corp." on Justia Law