FOR IMMEDIATE RELEASE
March 30, 2022
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB LEXINGTON ATTORNEY GETS COMPLAINT DISMISSED ON BEHALF OF
DESIGNER / MANUFACTURER IN A PRODUCTS LIABILITY INJURY CLAIM
MADISON COUNTY, Ky. ─ Justin Baxter, an attorney in the Lexington, Kentucky office at Quintairos, Prieto, Wood & Boyer, P.A., received a judgment on the pleadings on behalf of his client, a designer and manufacturer of an inversion table. The plaintiff sought damages related to an alleged injury sustained while operating the inversion table.
Specifically, the plaintiff alleged that an unidentified portion of the inversion table suddenly and without warning broke, causing him to fall while inverted, resulting in spinal and cranial injuries. Plaintiff sought damages for those injuries by alleging multiple theories of products liability and a breach of warranty claim.
Under Kentucky law, to maintain any theory of products liability claim, the plaintiff must identify the alleged defect and establish that the defect was a “substantial factor” in causing the plaintiff’s injuries. To recover for a breach of warranty claim under Kentucky law, the plaintiff must be in privity with the defendant.
After an inspection of the inversion table and investigation, Defendant could not identify or replicate any defect. Additionally, it was uncovered that plaintiff purchased the inversion table from a third-party retailer. Accordingly, Defendant filed a Motion for Judgment on the Pleadings, arguing that plaintiff’s mere assertion that an unidentified piece broke off the inversion table was insufficient to identify any alleged defect that could cause the plaintiff’s alleged injuries. Defendant also highlighted the lack of privity between it and plaintiff.
Defendant’s Motion for Judgment on the Pleadings was granted, and the complaint dismissed.
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Justin Baxter is an associate in the Lexington office and focuses his practice in the areas of medical malpractice including the defense of nursing homes, assisted living facilities, and hospitals. In 2016, he received his J.D. cum laude from Pace University School of Law, New York.
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