nsurance/Bad Faith – October 19, 2005 McLemore v. Army Aviation Fed. Cred. Union, et al.,Plaintiff was the surviving spouse of decedent. Plaintiff and decedent obtained financing from Defendant credit union to purchase a vehicle. As part of the financing process, Plaintiff and decedent applied for credit life insurance with Defendant insurance company. Defendant credit union filed motion for summary judgment contending it was not the insurer and, therefore, not a proper defendant. Defendant insurance company filed a summary judgment motion asserting decedent failed to disclose treatment for coronary artery disease. Defendant insurance company also argued the claim was barred by the statute of limitations because, although the suit was timely filed, it was not served for sixteen months. JUDGMENT — For the Defendants (summary judgment).
Product Liability – December 8, 2005 Lane v. Dixie Cleaning Services, Inc., et al. Plaintiff alleged that the wand of the hot water pressure washer he was operating at work fell from his hand and continued to spray onto him. The pressure washer was sold by Defendant Dixie Cleaning Service Systems to Power Lifts, Inc. At the time of the sale, the pressure washer was equipped with a flow switch and a trigger gun wand. When it was purchased by ALFAB, plaintiff’s employer, at Power Lift’s bankruptcy sale, the machine was equipped with an open wand with no trigger and was not equipped with a bypass mechanism of any kind. Plaintiff claimed that the pressure washer was unreasonably dangerous because it did not have a trigger to stop the flow of water when dropped. JUDGMENT — For the Defendants Whitco and Dixie Cleaning Services (Plaintiff failed to prove Whitco manufactured the pressure washer).