Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Press Releases
Bassford Remele Client Obtains Summary Judgment in Strict Products Liability Case
Date: Oct 09, 2008 — Minneapolis, MN
The United States District Court for the District of Minnesota recently granted summary judgment dismissing Bassford Remele’s client, a product distributor, from a strict products liability case pursuant to Minnesota’s distributor immunity statute, Minn. Stat. § 544.41. The case arose from injuries sustained by plaintiff when riding an inflatable water toy (kite tube) designed to “fly” when pulled by a speed boat. Plaintiff alleged that he suffered severe injuries as a result of the crash, including a torn aorta, a collapsed lung, and a broken rib.
The product distributor purchased the kite tube from the manufacturer and sold it to a marina owned by plaintiff’s family. The product distributor did nothing to alter the kite tube and conducted no independent testing or analysis of the kite tube for safety. Plaintiff alleged that the product distributor was negligent in the design, manufacture, testing and distribution of the kite tube and that it was strictly liable for the injuries resulting from the defective design of the kite tube.
The product distributor moved for summary judgment under section 544.41 on the basis that section 544.41 mandated dismissal because the product distributor was a passive distributor of the product and none of the statutory exceptions applied. The product distributor also moved for summary judgment on all of plaintiff’s common law claims. While the summary judgment motion was pending, the manufacturer declared bankruptcy. Despite the manufacturer’s bankruptcy, the court held that plaintiff had not made the requisite showing to defeat dismissal under the statute that the manufacturer would be unable to satisfy a judgment or a potential settlement. Accordingly, the District Court dismissed all claims against the product distributor. Dale M. Wagner and Jessica Schulte Williams represented the product distributor in this matter.
Link to Memorandum, Opinion and Order
Mr. Wagner practices in the areas of contracts and commercial litigation, insurance law, products liability, employment and construction law. He has been recognized as a Top 40 Appellate and Top 40 Business Litigation Super Lawyer by Minnesota Law & Politics. He is a member of the Bassford Remele Management Committee and currently serves as the firm’s Chief Financial Officer.
Ms. Williams practices in all areas of civil litigation, including insurance coverage, employment, product liability defense, toxic tort litigation and personal injury. She represents insurers and insureds in both first and third-party disputes. She has worked on cases involving subrogation, breach of contract and claims of insurer bad faith.
Bassford Remele, A Professional Association, is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution. The Bassford firm is a community of experienced and committed trial lawyers who embrace a professional approach to the practice of law, providing the highest level of legal expertise and advice.