Products Liability and Personal Injury

The attorneys at Markovits, Stock & DeMarco have a long history of representing clients in connection with product liability and personal injury cases.  In this context, we have successfully litigated catastrophic injury and wrongful death cases, as well as products defect cases in connection with a multitude of manufacturers, the automotive industry and pharmaceutical companies.

This successful and diverse background in product defects and personal injury litigation allows us to assist clients, whether plaintiffs or defendants, and to understand more fully  the potential risks and rewards associated with their case – giving them a strategic advantage at trial or in settlement discussions.  At Markovits, Stock & DeMarco, we are no strangers to the courtroom – and enjoy the opportunity to prepare for and actually try a case.  But we understand that for many clients, discretion is the better part of valor. Clients seek the hard-earned experience that sets us apart when it comes to products liability and personal injury claims.

Noteworthy Cases:

  • Smith v. North American Stainless, L.P., 158 Fed.Appx. 699 (6th Cir. 2006):  Rejecting a steel manufacturer’s “up-the-ladder” immunity defense, the United States Court of Appeals for the Sixth Circuit reversed the district court’s dismissal of a wrongful claim brought by the widow and estate of a steel worker killed on the job.
  • City of Cincinnati v. Beretta U.S.A. Corp., 95 Ohio St.3d 416, 768 N.E.2d 1136 (2002):  In this landmark decision on public nuisance law, the Supreme Court of Ohio held that a public-nuisance action could be maintained for injuries caused by a product — in this case, guns — if the design, manufacture, marketing, or sale of the product unreasonably interferes with a right common to the general public.
  • Norgard v. Brush Wellman, Inc., 95 Ohio St.3d 165, 766 N.E.2d 977 (2002):  In an employee’s intentional tort action alleging that his employer subjected him to long-term beryllium exposure, the Supreme Court of Ohio ruled that a cause of action for an employer intentional tort accrues when the employee discovers, or by the exercise of reasonable diligence should have discovered, the workplace injury and — here’s the ground-breaking part of the holding — the wrongful conduct of the employer.
  • Wallace v. Ohio Dep’t of Commerce, 96 Ohio St.3d 266, 773 N.E.2d 1018 (2002):  In overturning the dismissal of a suit against the state fire marshal for negligently inspecting a fireworks store that caught fire killing nine people, the Supreme Court of Ohio held for the first time that the common-law public-duty rule cannot be applied in cases against the state in the Ohio Court of Claims.
  • Kelci Stringer, et al. v. National Football League, et al., United States District Court, Southern District of Ohio, Western Division.  Represented the family of a professional football player against NFL and helmet manufacturer in wrongful death/products liability litigation related to professional football player’s death.
  • In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, United States District Court, Central District of California
  • In re Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010, United States District Court, Eastern District of Louisiana
  • In re Silicone Gel Breast Implant Litigation, United States District Court, Northern District of Alabama, MDL #926
  • In re Diet Drugs (Fen/Phen) Products Liability Litigation, United States District Court, Eastern District of Pennsylvania
  • In re Rezulin (Diabetes Drug) Products Liability Litigation, United States District Court, Southern District of New York
  • In re Meridia (Diet Drug) Products Liability Litigation, United States District Court, Northern District of Ohio
  • In re Copley Pharmaceuticals, Inc., “Albuterol” Products Liability Litigation, MDL #1013, United States District Court, District of Wyoming
  • In re Zyprexa Products Liability Litigation, MDL 1596, United States District Court, Eastern District of New York