Massachusetts state and federal courts issued a number of interesting product liability decisions in 2013. The Product Liability and Toxic Tort Litigation Group at Nutter McClennen & Fish LLP recently reviewed these cases. Highlighted below are some of the key cases and issues decided over the past year.
Aleo v. SLB Toys USA, Inc., 466 Mass. 398 (2013): The Supreme Judicial Court ("SJC") upheld an $18 million punitive damages award in a case where a woman died after sliding head first down an inflatable pool slide imported and sold by Toys "R" Us. The SJC found that the evidence supported a finding of gross negligence, and that the $18 million punitive damages award, which constituted a 7:1 ratio of punitive to compensatory damages, was within the guidelines established by law. (Lenk, J.) Evans v. Lorillard Tobacco Co., 465 Mass. 411 (2013): The...
