Hall and Kuehner Win Summary Judgment

Posted on: December 14th, 2015

Plaintiff brought a negligence and products liability case against a knife seller and manufacturer after a knife he ordered cut his finger.  Andrew Hall and Michael Kuehner represented the knife seller and argued on summary judgment it was statutorily immune from strict liability arising out of alleged defects in the original design or manufacture of a product.  The Court agreed, noting that because the knife was packaged by the manufacturer and was sold to and received by Plaintiff in the same packaging, the seller could not be held strictly liable for a manufacturing defect.  The Court also found the seller was not negligent in failing to inspect the knife before shipment.  It reasoned that nothing the seller did increased the risk to Plaintiff because the seller was merely an intermediary. Therefore, it had no duty to Plaintiff that could have been breached.

Russo v. Frost Cutlery Company, LLC and Panther Trading Company, Inc., Case No. LACL 132212 (Iowa Dist. Ct. Dec. 10, 2015).



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