HKM Secures Summary Judgment in Product Liability Case

MoranW HKM trial attorney and shareholder William L. Moran recently secured summary judgment for HKM’s client, a Defendant/Third Party Plaintiff, in a product liability case in the United States District Court for the Middle District of Pennsylvania.

The case involved a minor child who sustained injuries while playing at recess on her elementary school’s playground equipment. HKM represented the manufacturer of the playground equipment called a PlayBooster and its component, the Track Ride. HKM filed a Motion for Summary Judgment against the Plaintiffs, arguing that the PlayBooster and Track Ride were improvements to real property, that more than 12 years had passed since the playground equipment was furnished to the school, and that the manufacturer client was protected under Pennsylvania’s statute of repose, 42 Pa. Cons. Stat. § 5536. The school district and elementary school were also seeking summary judgment against HKM’s client as a matter of law due to insufficient evidence to support Third Party Plaintiff’s claims against them.

The court found that the statute of repose extinguished the Plaintiffs’ claims against the manufacturer and granted HKM’s Motion for Summary Judgment against the Plaintiffs. The court also dismissed the Third Party Defendants’ Motion for Summary Judgment as moot, which stemmed from third-party claims for contribution and indemnity.

Bill is an accomplished litigator and has more than 30 years of legal experience. He regularly represents consumer, commercial and industrial product manufacturers, retailers and insurers. He focuses his practice in the areas of Class Action Defense, Commercial Litigation, Construction Litigation, Employment Litigation, Environmental Litigation, Insurance Related Litigation, Product Liability Defense, and Toxic Torts. He is a frequent lecturer and author for continuing education programs, seminars and law school classes. Bill is a former Associate Editor and contributing author for Minnesota Defense (the publication of the Minnesota Defense Lawyers Association).

Bill is admitted to practice in the state courts of Minnesota and federal district courts in Minnesota, Nebraska, the Western District of Wisconsin, the United States Courts of Appeal for the 7th and 8th Circuits and the United States Supreme Court. He has also appeared pro hac vice in state and federal courts throughout the United States. Bill has an AV® Preeminent™ Peer Review Rating in the distinguished legal directory, Martindale-Hubbell.* He was recently named a 2017 Lawyer of Distinction by The Lawyers of Distinction.

*AV® is a certification mark of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell® certification procedures, standards and policies.