Murtha Means More

Tort and Product Liability


Contact: Jennifer M. DelMonico, Chair

Murtha Cullina’s tort and product liability attorneys have substantial experience defending complex product liability cases and other tort claims for bodily injury, death or property damage.  Our clients vary in size from Fortune 500 corporations to closely held businesses, with a particular focus on companies in the aerospace, building products, chemicals, heathcare, manufacturing and technology industries.

We have trial experience in state and federal courts throughout New England in a broad variety of cases, including those involving fire and explosions, product design and failure claims, toxic substances exposure, environmental contamination, transportation accidents, structural and mechanical failures and chemical and pharmaceutical formulations.  We have litigated many of the emerging and hotly disputed legal issues in these areas, including apportionment and contribution, joint-defense and common-defense privileges, confidentiality and tolling agreements, governmental and non-profit immunities, regulatory violations and hazardous activities liability, among others.

Our attorneys recognize that avoiding litigation and managing litigation costs are often critically important goals for our clients.  To that end, we counsel and strategize with our clients to assess and resolve potential problems before they erupt into costly litigation.  We also assist clients on issues of insurance, risk management, recall/retrofit issues and document retention.  When litigation is necessary, we manage discovery intelligently and pursue resolution in an aggressive and efficient manner using litigation management tools and innovative legal strategies.

Recent Representative Cases

We served as lead trial counsel for Connecticut’s leading provider of healthcare and retirement living communities in a wrongful death action filed by the family of the decedent.  The case involved complex medical and causation issues.  We established in discovery that our client was not responsible for the medical issues that caused the decedent’s death and negotiated a favorable settlement shortly before trial.  Anthony Raccio, Executor of the Estate of Norma Raccio, et al. v. Masonicare Health Center, et al., No. NNH-CV-12-6026403-S (Conn. Super. Ct.).

We served as lead trial counsel in a product liability action claiming that our client manufactured defective gears used in airplane jet turbine engines, which caused 17 mid-air engine failures.  The FAA issued a recall of the gears in question.  The plaintiffs sought over $10,000,000 in damages for both the property damage attributable to the engine failures and the resulting recall, including over $5,000,000 from our client.  We established that the gear failures were due to the plaintiff’s defective design of the parts, not our client’s manufacturing.  We negotiated a favorable settlement of plaintiff’s claim.  Timken Alcor Aerospace Techs., Inc. v. Sungear, Inc., et al., No. 2:13-CV-01222-SRB (D. Ariz.).

We represented the Town of Cheshire in two suits brought by residents claiming property damage caused by 19th Century mining operations throughout the town.  Although the mines had private owners which no longer existed, the plaintiffs claimed that the Town failed to warn residents and future residents that they could have shafts and tunnels under their properties.  The trial court granted our motions to eliminate claims against the Town, and the Connecticut Supreme Court affirmed, leaving only one claim against the Town – that it allegedly did not adequately inspect the properties.  More significantly, those decisions prevented plaintiffs from certifying a class, and thus reduced the damages exposure to the Town, which settled the remaining claim for a de minimus amount.  Baker, et al. v. Town of Cheshire, No. NNH-CV-07-5013602-S (Conn. Super. Ct.), 307 Conn. 364 (2012); Ugrin, et al. v. Town of Cheshire, No. NNH-CV-07-5014848-S (Conn. Super. Ct.).

We are lead counsel for E. I. du Pont de Nemours and Company (DuPont) in over 50 asbestos cases in the New England region. We manage written discovery, depositions, expert discovery, motions for summary judgment, other motion practice, and trials for these cases.

 

Disclaimer: Each case has its own specific facts and legal issues. We cannot guarantee success in every individual matter.

Description

Contact: Jennifer M. DelMonico, Chair

Murtha Cullina’s tort and product liability attorneys have substantial experience defending complex product liability cases and other tort claims for bodily injury, death or property damage.  Our clients vary in size from Fortune 500 corporations to closely held businesses, with a particular focus on companies in the aerospace, building products, chemicals, heathcare, manufacturing and technology industries.

We have trial experience in state and federal courts throughout New England in a broad variety of cases, including those involving fire and explosions, product design and failure claims, toxic substances exposure, environmental contamination, transportation accidents, structural and mechanical failures and chemical and pharmaceutical formulations.  We have litigated many of the emerging and hotly disputed legal issues in these areas, including apportionment and contribution, joint-defense and common-defense privileges, confidentiality and tolling agreements, governmental and non-profit immunities, regulatory violations and hazardous activities liability, among others.

Our attorneys recognize that avoiding litigation and managing litigation costs are often critically important goals for our clients.  To that end, we counsel and strategize with our clients to assess and resolve potential problems before they erupt into costly litigation.  We also assist clients on issues of insurance, risk management, recall/retrofit issues and document retention.  When litigation is necessary, we manage discovery intelligently and pursue resolution in an aggressive and efficient manner using litigation management tools and innovative legal strategies.

Recent Representative Cases

We served as lead trial counsel for Connecticut’s leading provider of healthcare and retirement living communities in a wrongful death action filed by the family of the decedent.  The case involved complex medical and causation issues.  We established in discovery that our client was not responsible for the medical issues that caused the decedent’s death and negotiated a favorable settlement shortly before trial.  Anthony Raccio, Executor of the Estate of Norma Raccio, et al. v. Masonicare Health Center, et al., No. NNH-CV-12-6026403-S (Conn. Super. Ct.).

We served as lead trial counsel in a product liability action claiming that our client manufactured defective gears used in airplane jet turbine engines, which caused 17 mid-air engine failures.  The FAA issued a recall of the gears in question.  The plaintiffs sought over $10,000,000 in damages for both the property damage attributable to the engine failures and the resulting recall, including over $5,000,000 from our client.  We established that the gear failures were due to the plaintiff’s defective design of the parts, not our client’s manufacturing.  We negotiated a favorable settlement of plaintiff’s claim.  Timken Alcor Aerospace Techs., Inc. v. Sungear, Inc., et al., No. 2:13-CV-01222-SRB (D. Ariz.).

We represented the Town of Cheshire in two suits brought by residents claiming property damage caused by 19th Century mining operations throughout the town.  Although the mines had private owners which no longer existed, the plaintiffs claimed that the Town failed to warn residents and future residents that they could have shafts and tunnels under their properties.  The trial court granted our motions to eliminate claims against the Town, and the Connecticut Supreme Court affirmed, leaving only one claim against the Town – that it allegedly did not adequately inspect the properties.  More significantly, those decisions prevented plaintiffs from certifying a class, and thus reduced the damages exposure to the Town, which settled the remaining claim for a de minimus amount.  Baker, et al. v. Town of Cheshire, No. NNH-CV-07-5013602-S (Conn. Super. Ct.), 307 Conn. 364 (2012); Ugrin, et al. v. Town of Cheshire, No. NNH-CV-07-5014848-S (Conn. Super. Ct.).

We are lead counsel for E. I. du Pont de Nemours and Company (DuPont) in over 50 asbestos cases in the New England region. We manage written discovery, depositions, expert discovery, motions for summary judgment, other motion practice, and trials for these cases.

 

Disclaimer: Each case has its own specific facts and legal issues. We cannot guarantee success in every individual matter.

Back to Home Print Page Email Page
Follow Us
Facebook Linkedin Twitter