On June 3, 2015, the Court of Common Pleas of Clearfield County, Pennsylvania granted summary judgment in favor of Webster Szanyi’s client, Daimler Trucks North America LLC (“Daimler Trucks”). The Court dismissed two related product liability complaints filed by Progressive Casualty Insurance Company and Allstate Insurance Company concerning a fire that occurred on property of their insured. Progressive and Allstate had sought damages in excess of $600,000 in addition to statutory interest. At the conclusion of discovery, Daimler Trucks moved for summary judgment and argued that plaintiffs (1) failed to establish causation under the “malfunction theory” because they (a) failed to eliminate secondary causes of the alleged malfunction; and (b) failed to attribute any malfunction specifically to Daimler Trucks; and (2) failed to account for the substantial modification that occurred after Daimler Trucks designed, assembled and distributed the vehicle at issue in the litigation. Daimler Trucks also argued that dismissal was warranted due to plaintiffs’ multiple discovery violations. The Court granted Daimler Trucks’ motion and dismissed both complaints with prejudice.
Kevin A. Szanyi, Thomas S. Lane and Kevin T. O’Brien of Webster Szanyi LLP represented Daimler Trucks in the case.