Products Liability Depositions

Prod.Liab.01 Introduction 
Prod.Liab.02 Overview of Products Liability Law

[1]-Generally 
[2]-Negligence 
[3]-Breach of Warranty 
[4]-Strict Liability

Prod.Liab.03 Affirmative Defenses

[1]-To Negligence
[2]-To Breach of Warranty 
[3]-To Strict Liability 
[4]-Statutes of Limitations 
[5]-Statutes of Repose
[6]-Spoliation of Evidence

Prod.Liab.04 Overview of State Law

[1]-Alabama 
[2]-Alaska
[3]-Arizona 
[4]-Arkansas
[5]-California 
[6]-Colorado 
[7]-Connecticut 
[8]-Delaware 
[9]-District of Columbia 
[10]-Florida 
[11]-Georgia
[12]-Hawaii 
[13]-Idaho 
[14]-Illinois
[15]-Indiana 
[16]-Iowa 
[17]-Kansas
[18]-Kentucky
[19]-Louisiana
[20]-Maine 
[21]-Maryland
[22]-Massachusetts
[23]-Michigan
[24]-Minnesota 
[25]-Mississippi 
[26]-Missouri
[27]-Montana 
[28]-Nebraska
[29]-Nevada
[30]-New Hampshire
[31]-New Jersey 
[32]-New Mexico 
[33]-New York 
[34]-North Carolina
[35]-North Dakota
[36]-Ohio 
[37]-Oklahoma 
[38]-Oregon
[39]-Pennsylvania 
[40]-Rhode Island
[41]-South Carolina
[42]-South Dakota 
[43]-Tennessee 
[44]-Texas
[45]-Utah 
[46]-Vermont
[47]-Virginia
[48]-Washington 
[49]-West Virginia 
[50]-Wisconsin 
[51]-Wyoming

Prod.Liab.05 Identification of Major Issues

[1]-Defective Condition
[2]-Defective Design 
[3]-Inadequate Warnings or Instructions

Prod.Liab.06 Expert Witnesses

[1]-Generally 
[2]-Checklist: Plaintiff's Examination of Expert 
[3]-Checklist: Defendant's Examination of Expert

Prod.Liab.07 Pre-Deposition Considerations

Prod.Liab.08 Preparation of Witnesses 

Prod.Liab.09 Conduct of Deposition

Prod.Liab.10 Illustrative Depositions (This includes all Forms)

[1]-Fact Witnesses

Form No. 1: Design Defect: Accident Allegedly Caused by Defective Tire-Examination of Highway Patrolman by Counsel for Defendant-Manufacturer 
Form No. 2: Design Defect: Injury Caused by Subsequently Modified Power Press-Examination of Plant Engineer by Counsel for Plaintiff 
Form No. 3: Design Defect: Accident Allegedly Caused by Defectively Designed Motorcycle-Examination of Plaintiff by Counsel for Defendant-Manufacturer 
Form No. 4: Design Defect: Crash Allegedly Caused by Defectively Designed Ultralight Aircraft-Examination of Plaintiff-Operator by Counsel for Defendant-Manufacturer 
Form No. 5: Design Defect: Infertility Allegedly Resulting From Defective Medical Product (IUD)-Examination of Plaintiff-Wife by Counsel for Defendant 
Form No. 6: Design Defect: Infertility Allegedly Resulting From Defective Medical Product (IUD)-Examination of Plaintiff-Husband by Counsel for Defendant 
Form No. 7: Design Defect: Head Injury Caused by Defective Helmet-Examination of Chief Executive of Defendant-Helmet Manufacturing Company by Counsel for Plaintiff 
Form No. 8: Design Defect: Head Injury Caused by Helmet-Examination of Plaintiff by Defendant's Attorney 
Form No. 9: Design Defect: Burns Caused by Boiling Water Discharged From Collapsed Styrofoam Cup-Examination of Plaintiff by Counsel for Defendant-Manufacturer 
Form No. 10: Design Defect and Failure To Warn: Injury Caused by Lack of Warning and/or Safety Guard-Examination of Plaintiff-Sole Witness by Counsel for Defendant-Manufacturer 
Form No.11: Design Defect: Head Injury Caused by Helmet in Snowmobile Accident-Examination of Occurrence Witness by Defendant’s Attorney 
Form No. 12: Design Defect in Trailer Tank-Examination of Defendant Chemical Company’s Vice President by Attorney for Co-Defendant Steel Mill 
Form No. 13: Design Defect in Trailer Tank-Examination of Plaintiff by Attorney for Defendant Steel Company 
Form No. 14: Design Defect: Amputation of Hand Because of Defectively Designed Agricultural Machine-Examination of Plaintiff by Counsel for Defendant
Form No. 14A: Hand Injury Caused by Beer Bottle Cap-Examination of Plaintiff-Oral Surgeon by Counsel for Defendant Brewer 
Form No. 14B: Deficiencies in Instructions Regarding Scooter-Examination of Distributor of Scooter
Form No. 14C: Design Defect: Death Due to Faulty Design and Location of Seat Belt in Utility Vehicle -- Examination of Witness-Supervisor of Decedent by Counsel for Plaintiff
Form No. 14D: Design Defect and Failure to Warn: Injuries to Renter of Personal Watercraft Caused by Alleged Throttle Defect -- Examination of Plaintiff by Counsel for Defendant-Rental Company and by Counsel for Defendant-Manufacturer
Form No. 14E: Manufacturing and Design Defects: Injuries to Operator of Side-by-Side Utility Terrain Vehicle Caused by Defective Shift Mechanism--Examination of Plaintiff by Counsel for Defendant-Manufacturer

[2]-Expert Witnesses

[a]-Attacking the Expert's Qualifications and Conclusions

Form No. 15: Design Defect: House Fire Allegedly Caused by Defect in Television-Examination of Plaintiff's Expert by Counsel for Defendant-Manufacturer 
Form No. 16: Design Defect: Injury Caused by Heavy Forklift Truck-Examination of Plaintiff's Safety Engineer by Counsel for Defendant-Manufacturer 
Form No. 17: Defective Condition: Fire Allegedly Caused by Oil-Filled Electrical Switch-Examination of Plaintiff's Expert by Counsel for Defendant-Manufacturer 
Form No. 18: Hearing Loss Resulting From the Use of Tampon-Examination of Defendant's Expert by Plaintiff’s Attorney 
Form No. 19: Contaminated Blood: Inadequate Testing of Blood Allegedly Contaminated with the Hepatitis-C Virus-Examination of Plaintiff’s Expert by Counsel for Defendant-Blood Supplier 
Form No. 20: Design Defect: Single Vehicle Accident Allegedly Caused by an Unstable All Terrain Vehicle-Examination of Plaintiff’s Design Defect and Accident Reconstruction Expert by Counsel for Defendant-Manufacturer 
FORM NO. 20A: Defective Condition: Improper Assembly of Motorcycle Clamp Bolts-Examination of Mechanical Engineer Retained by Plaintiff

[b]-Expert Opinions: Design and Condition Defects

Form No. 21: Design Defect: House Fire Allegedly Caused by Defective Television Set-Examination of Plaintiff’s Expert by Counsel for Defendant-Manufacturer 
Form No. 22: Design Defect: Property Damage Allegedly Caused by Defective Microwave Oven-Examination of Plaintiff’s Fire Origin Expert by Counsel for Defendant-Manufacturer 
Form No. 23: Defective Condition: Fire Allegedly Caused by Defect in Air Conditioner-Examination of Plaintiff’s Expert by Counsel for Defendant-Manufacturer 
Form No. 24: Design Defect: Collision Allegedly Caused by Defectively Designed Snowmobile-Examination of Plaintiff’s Design Expert by Counsel for Defendant-Manufacturer 
Form No. 25: Defective Condition: Accident Allegedly Caused by Defect in Motorcycle-Examination of Plaintiff’s Accident Reconstruction Expert by Counsel for Defendant-Manufacturer 
Form No. 26: Injury From Tractor Shifting into Gear Allegedly Because of Defective Design of Transmission-Examination of Plaintiff’s Expert by Defendant’s Attorney 
Form No. 27: Manufacturer’s Design Defect and Failure To Warn Resulting in Death of Rider of All Terrain Vehicle-Examination of Plaintiff’s Design Engineering Expert by Counsel for Defendant 
Form No. 28: Manufacturer’s Design Defect and Failure To Warn Resulting in Death of Rider of All-Terrain Vehicle-Examination of Defendant’s Expert by Counsel for Plaintiff 
Form No. 29: Design Defect: Automotive Accident Allegedly Caused by the Failure of a Trailer Manufacturer to Outfit a Trailer with Conspicuous Tape-Examination of Plaintiff's Optics Expert by Counsel for Defendant-Manufacturer
Form No. 29A: Manufacturer’s Design Defect and Failure to Warn Resulting in Death of Operator of Utility Vehicle-Examination of Plaintiff's Expert on Blood Alcohol Testing by Counsel for Defendant-Manufacturer 
Form No. 29B: Manufacturer's Design Defect: Wrongful Death Caused by Fire as a Result of Alleged Design Defect in Kerosene Powered Portable Heater-Examination of Assistant Fire Marshal by Counsel for Defendant-Manufacturer 
Form No. 29C: Manufacturer's Design Defect: Wrongful Death Caused by Fire as a Result of Alleged Design Defect in Kerosene Powered Portable Heater-Examination of Deputy Coroner by Counsel for Defendant-Manufacturer
Form No. 29D: Design Defect: Death Due to Faulty Design and Location of Seat Belt in Utility Vehicle -- Examination of Pathologist by Counsel for Defendant Utility Vehicle Manufacturer
Form No. 29E: Design Defect: All-Terrain Vehicle Accident Resulting in Facial Fractures to Unhelmeted Operator Due to the Vehicle's Defective Design -- Examination of Bio-Mechanical Engineer Expert by Counsel for Plaintiff regarding the Effect of a Helmet in Reducing Such Injuries

[c]-Expert Opinions: Failure To Warn

Form No. 30: Failure To Warn: Action Arising From Use of Defective Drain Cleaner-Examination of Defendant-Chemist by Counsel for Plaintiff 
Form No. 31: Failure To Warn: Injury Allegedly Caused by Exposure to Industrial Solvent-Examination of Plaintiff's Medical Expert by Counsel for Defendant Manufacturer 
Form No. 32: Failure to Warn: Injury Allegedly Caused by Prenatal Exposure to Pesticides-Examination of Plaintiff's Rehabilitation Expert by Counsel for Defendant-Manufacturer

[3]-Non-Party Witness

Form No. 33: Design Defect: Accident Caused by Tipping of Special Purpose Steel Mill Vehicle-Examination of Adverse Non-Party Manufacturer by Plaintiff

[4]-Assumption of Risk

Form No. 34: Hand Injury Involving an Industrial Paper Cutter With a Broken Safety Latch-Examination of Plaintiff-Press Operator by Counsel for Defendant-Manufacturer 

Prod.Liab.11 References

Index

Terrance M. Miller is a Partner with Porter, Wright, Morris & Arthur in Columbus Ohio. Mr. Miller has developed a great deal of expertise over the last 35 years in trial and appellate practice involving a broad range of different types of products liability cases and has handled cases in Ohio, California, Texas, Illinois, Kentucky, Pennsylvania, West Virginia, New York, Massachusetts and Vermont. He has successfully tried motor vehicle products liability cases involving such target products as the Suzuki Samurai automobile and the all-terrain vehicles of several manufacturers. He has defended the products of such drug companies as Eli Lily, Hoffman-LaRoche and Hoechst-Marion Roussel, the motor vehicles of Honda, Isuzu, Kawasaki, Yamaha, Suzuki and Harley-Davidson, Kenworth trucks and the trailers of Great Dane.

Robert P. Miller is an Attorney with the law firm of Rourke and Blumenthal, LLP, where he handles a diverse product liability practice. He is a member of American Association for Justice, the Ohio Association for Justice, and the Franklin County Trial Lawyers Association. He is listed as an Ohio Super Lawyer, Rising Star.