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Defendant's Attorney: Not available

Description: Oklahoma City, Oklahoma personal injury lawyer represented Plaintiff, who sued Defendant on a product liabilty theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of defective and unreasonably dangerous product designed, manufactured and/or sold by Defendant.

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A party claiming damages under Manufacturers' Products Liability has the burden of proving each of the following:
1. Defendant manufactured, sold and/or leased a product;
2. Defendant was in the business of manufacturing, selling, and/or leasing the product;
3. The product was defective and because of the defect, the product was unreasonably dangerous to people or property who uses, consumes, or might be reasonably expected to be affected by the product;
4. The product was defective at the time it was manufactured, sold or leased] by Defendant or left Defendants control;
5. Plaintiff was a person who used, consumed, or could have reasonably been affected by the product;
6. Plaintiff sustained personal injuries and/or damage to property directly caused by the defect in the product.

The complaint filed by the Plaintiff is 55 pages long.

The leading case in Oklahoma on manufacturers' products liability is Kirkland v. General Motors Corp., 521 P.2d 1353 (Okla. 1974). In Waggoner v. Town & Country Mobile Homes, Inc., 808 P.2d 649 (Okla. 1990), the Oklahoma Supreme Court held that "in Oklahoma no action lies in manufacturers' products liability for injury only to the product itself resulting in purely economic loss." 808 P.2d at 653. However, where there are also personal injuries or damages to other property, damages for injury to the product itself are recoverable under a products liability theory. Dutsch v. Sea Ray Boats, Inc.,845 P.2d 187, 193-94 (Okla. 1992).

Kent Morlan on Torts

See: Roundup Lawsuit Update December 2022

Outcome: 12/14/2022 5  CONDITIONAL TRANSFER ORDER transferring case to District of Northern California for coordinated or consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Vince Chhabria. Signed by Clerk of the Panel. (kmt) (Entered: 12/14/2022)
12/14/2022   Docket Annotation: Case sent to the Northern District of California. (kmt) (Entered: 12/14/2022)
12/14/2022   Docket Annotation: Case transferred from Oklahoma Western has been opened in California Northern District as case 3:22-cv-08887, filed 12/14/2022. (ekw) (Entered: 12/15/2022)

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