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Pierson v. Philips Medical Systems (July 19, 2011, B221488) [nonpub. opn.]
Affirmed summary judgment in favor of P&S client in a product liability/medical device matter after P&S demonstrated a lack of evidence supporting Plaintiff’s claims.
Reduced Monies Owed
Plaintiff, a nurse, alleged that she sustained thyroid cancer as a result of exposure to radiation from operating an x-ray machine. Plaintiff settled with P&S client, a manufacturer of the x-ray machine, for a de minimis amount.
Plaintiff alleged he developed chronic hypersensitivity pneumonitis as a result of occupational exposures to various metal products while working as a welder and laborer. Plaintiff dismissed two P&S clients, a supplier of tractor-trailer parts, and a supplier of welding wires for a mutual waiver of costs.
Plaintiff alleged that he contracted mesothelioma as a result of exposure to asbestos products at various employment locations, including the U.S. Navy. Plaintiff dismissed P&S client for a mutual waiver of costs after P&S filed motions to compel and discovery confirmed that there was no admissible evidence that plaintiff worked with or around any products associated with P&S client.
Plaintiffs alleged that their decedent sustained interstitial pulmonary fibrosis as a result of exposure to various respiratory particulates, including silica, sand, metal, and chemical products, while employed at a light pole production facility between 1973 and 2008. Plaintiffs dismissed P&S Client, a supplier of cement dyes, for a waiver of costs.
Obtained Favorable Ruling
Plaintiff alleged he sustained contact leukoderma (skin discoloration spots) from a single exposure to a brake cleaner while working as a mechanic at a car dealership. P&S obtained a unanimous defense verdict in favor of client.
Plaintiff alleged that he sustained injuries to his left hand while attempting to fix a fastening tool specifically designed for overhead applications. Plaintiff dismissed P&S client for a mutual waiver of costs following mediation.
Plaintiff alleged that he sustained cancer from work-related exposure to various chemical products that contained benzene and other toxins. Plaintiff dismissed P&S clients with prejudice for a mutual waiver of costs.
Plaintiffs alleged that Decedent was exposed to asbestos during his career in the U.S. Navy and, as a result, contracted mesothelioma. Plaintiffs dismissed P&S client for a mutual waiver of costs after P&S filed a motion for summary judgment and motion for undertaking.
Plaintiffs allege that their decedent died from complications arising from mesothelioma, as a result of alleged exposure to asbestos containing products during his career. Plaintiffs dismissed P&S Client, a distributor of thermal products, for a waiver of costs.
Plaintiff brought a subrogation claim for damages paid to insured and third parties in connection with a soybean oil spill in the Long Beach area. Plaintiff alleged that P&S client was negligent as the distributor of the soybean oil. Plaintiff dismissed P&S client for a mutual waiver of costs after it was shown plaintiff would not be likely to prove negligence at trial.
Smith v. Sunshine Child Care & Leasing Centers, Inc. (Jan. 30, 2008, B198169) [nonpub. opn.]
The appellate court affirmed the trial court’s granting of summary judgment in favor of P&S client, a day-care center. In the underlying matter, plaintiff sued P&S client for wrongful termination.