Take-Nothing Summary Judgment Affirmed in Products Liability Action

Brett Kutnick and Stephanie Nelson successfully defended a take-nothing summary judgment rendered in favor of Hankinson LLP client, Whirlpool Corporation, in a recent products liability appeal in the U.S. Court of Appeals for the Fifth Circuit. The plaintiff had sued Whirlpool alleging carbon monoxide exposure from a gas range. The Hankinson appellate team persuaded the Fifth Circuit that the district court properly excluded plaintiff’s expert witnesses on causation and design defect and that summary judgment was proper on all of the plaintiff’s claims. Accordingly, the Fifth Circuit affirmed the district court’s summary judgment. Macy v. Whirlpool Corp., No. 14-20603, 2015 WL 3505511 (5th Cir. June 4, 2015).