Wood Smith Henning & Berman successfully obtained summary judgment on behalf of a supplier in a product liability lawsuit arising from an acetylene canister explosion that allegedly caused bodily injury and significant property damage. Senior Associate Erin West drafted the successful motion, and Dallas Managing Partner, Christine Atwood, presented oral argument to the court. The court granted the motion and dismissed all causes of action against the client.
The plaintiff picked up the canister from the supplier in the course and scope of his employment and secured it in the back of his van. Although the vehicle was equipped to transport canisters, it was not specifically designed to transport potentially hazardous materials. The canister exploded while the plaintiff was driving. He subsequently sued the supplier, alleging that the canister was defective.
The defense filed a no-evidence motion for summary judgment challenging the plaintiff's proof of a product defect and causation. The motion argued that the plaintiff had no evidence establishing that the canister was defective or that an alleged defect caused the explosion.
"The central issue was whether the plaintiff could produce evidence supporting the essential elements of his claims," said West. "Our motion focused on the absence of evidence establishing either a defect in the canister or a causal connection between an alleged defect and the explosion."
After reviewing the briefing and hearing oral argument, the court granted the supplier's motion, disposing of all claims against the client.
"This was a serious incident, but the bottom line is the plaintiff failed to present evidence connecting the alleged product to his injuries," said Atwood. "We are pleased to have secured a ruling that resolves all claims against our client."
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