Free Essay

Barnhard V. Cybex International, Inc.

In: Other Topics

Submitted By ashleylfbrown
Words 578
Pages 3
Natalie M. Barnhard v. Cybex International, Inc

Background: In October, 2004, Natalie Barnhard, a physical therapy assistant, was overseeing a patient’s therapy. During the task, Barnhard placed her right hand on a leg-extension machine’s weight stack frame a started to rotate her torso to strech her right shoulder. The machine tipped and fractured two vertebrae upon striking her neck.

Barnhard’s fractured vertebrae rendered her a quadriplegic. She no longer has control of her bowels or bladder, requires round the clock care, and rendered her unable to start the massage therapy practice she was in the process of founding. According to medical experts, Barnhard’s life expectancy was shortened to 64 years or less.

Barnhard sued the machine manufacturer, Cybex International, alleging the product was defectively designed. Cybex alleged that Barnhard’s employer, Amherst Orthopedic, was negligent in its installation of the device. Barnhard and Amherst contended that Cybex should have warned users that only 40 pounds of horizontal force was needed to cause the machine to tip. Cybex expert witnesses countered that Barnhard had to have been engaging in inappropriate conduct and caused the machine to tip because of Amherst failing to properly train Barnhard.

Barnhard’s suit is for $28.9 million in estimated future medical costs, $1.69 million in past medical expenses, $8 million in damages for future care of children, lost earnings, and past pain and suffering, as well as $25 million in damages for future pain and suffering.

Issue: Did Cybex fail in its duty to properly warn users of potential hazards and safety concerns in relation to its product?

Rule: Product Warning Label Laws
Both the FDA and ANSI have strict requirements for product warnings. Any item that could potentially cause harm in anyway must have adequate and proper product warning labels.

Analysis: Many products require a warning label stemming from a duty to warn.
Whenever a product carries with it a hazard or a risk, the manufacturers have a series of obligations imposed by tort law and by the American National Standards Institute. ANSI Z535 series, Safety Signs and Colors dictates the requirements for warning labels on products in the United States.
When possible, manufacturers must eliminate hazards in the design of products. When this is not possible, the risk of harm must be minimized by other protective measures, including guarding or limiting measures on the product.
When the product is as safe as possible, given its intended use and design, any remaining hazards must be addressed by the use of a warning label. The warning label should inform consumers of any training, procedures or protective equipment a person can use to minimize the potential for harm.
The warning labels should also dictate the specific types of harm the product carries with it.

Conclusion: The jury found that Barnhard, Amherst Orthopedic and Cybex were all negligent. Cybex was assigned 75 percent of the liability; Amherst Orthopedic was assigned 20 percent of the liability; and Barnhard was assigned 5 percent of the liability.

Barnhard was awarded as follows: $1,689,439 Personal Injury: Past Medical Cost, $28,563,128 Personal Injury: Future Medical Cost, $151,690 Personal Injury: Past Lost Earnings Capability, $1,797,612 Personal Injury: Future Lost Earnings Capability, $8,000,000 Personal Injury: Past Pain And Suffering, $25,000,000 Personal Injury: Future Pain And Suffering, $792,435 Personal Injury: future care for potential children.

Cybex intends to seek post trial relief from the jury’s verdict. search…...

Similar Documents

Premium Essay

Crown Awards, Inc. V. Discount Trophy & Co., Inc.

...Crown Awards, Inc. v. Discount Trophy & Co., Inc. U.S. Court of Appeals, Second Circuit 2009 U.S. App. Lexis 8540 (2009) Material Facts of the Case: Crown Awards is a retailer of awards and trophies sold through mail order catalogs and via the Internet. Crown designed and sold a diamond-shaped spinning trophy for which it owned two copyright registrations. Discount Trophy is one of Crown’s competitors, and it sold a trophy that was substantially similar to Crown’s Spin Trophy. Crown requested that Discount discontinue the sale of the alleged copy, and when Discount refused, Crown filed suit in the Southern District of New York. Legal and Ethical Issues of the Case: In order to prevail on a claim of copyright infringement, a plaintiff must demonstrate both ownership of a valid copyright and infringement. "To establish infringement, the copyright owner must demonstrate that (1) the defendant has actually copied the plaintiff's work; and (2) the copying is illegal because a substantial similarity exists between the defendant's work and the protectable elements of plaintiff's." Actual copying may be proved directly or indirectly. Indirect evidence of copying includes proof that the defendants had access to the copyrighted work and similarities that are probative of copying between the works." Because direct proof of access is often impossible to adduce, the law permits a plaintiff to carry his burden on this point through evidence that "an alleged infringer......

Words: 963 - Pages: 4

Premium Essay

Ernst V. Destiny Software Productions Inc. and Destiny Media Technologies Inc.

...ERNST V. DESTINY SOFTWARE PRODUCTIONS INC. AND DESTINY MEDIA TECHNOLOGIES INC. Nov 17, 2011 Madam Justice Adair Courtroom 30 • Breach of contract • Employer’s duty to warn employee of problem or communicate; at least give the notice before the dismissal Geographical location issue: where performance should be conducted. “Mexico” • Employee worked in Mexico and was dismissed due to location; however, his location was not the part of a contract. Needs to be subjective in valuation of just cause - Providing past case examples in which employer gave notice. (After referring to previous cases couple times, the judge said that she had to have a look at those cases contract as well). • Location terms in contract is unclear: contractual interpretation • Provided past case example - Interpretation should based on words and not intention From my observations, judge’s role in this particular case was active. Madam Justice Adair asked a few questions, commented on some points and she was very arguable and had several dialogues with lawyers. During the case judge asked about “severance” of it. Plaintiff’s lawyer responded and stated that if there’s no just cause, then the plaintiff should get severance. The plaintiff was forced to sell vitamin, “alternative employment” triggered and no severance. Defendant wants to cut severance upon finding alternative employment. Problem is dismissed with cause and there is no severance, if not de-caused......

Words: 887 - Pages: 4

Premium Essay

Eeoc V. Lowe's Companies Inc.

...Lowe's Companies, Inc. Sued for Race Discrimination The U.S. Equal Employment Opportunity Commission FOR IMMEDIATE RELEASE March 24, 2004 CONTACT: Katharine W. Kores, Regional Attorney (901) 544-1051 Faye Williams, Supervisory Trial Attorney (901) 544-0088 Deidre Smith Senior Trial Attorney (901) 544-0140 TTY: (901) 544-0112 LOWE'S COMPANIES, INC. SUED FOR RACE DISCRIMINATION EEOC Litigation Says Home Improvement Giant Rejected Qualified Black Job Applicants MEMPHIS, Tenn.-- The U.S. Equal Employment Opportunity Commission (EEOC) today announced the filing of a race discrimination lawsuit under Title VII of the 1964 Civil Rights Act against Lowe's Companies, Inc., doing business as Lowe's Home Center's Inc. The suit charges the world's second largest home improvement retailer with failing to hire a class of qualified African American applicants due to their race at its Reload Distribution Center in Vonore, Tenn. The EEOC's lawsuit, Civil Action No. 3-04-CV-133, in U.S. District Court for the Eastern District of Tennessee, Knoxville Division, charges that Curtis Carter, Tiffany Carter, and a class of African Americans, all qualified applicants, were denied positions in Lowe's Reload Distribution Center between 2002 and 2003 because of their race. The EEOC filed suit after exhausting its conciliation efforts to reach a voluntary pre-litigation settlement. The lawsuit asks the court to order the company to provide back pay,......

Words: 594 - Pages: 3

Free Essay

Us V. Fior D'Italia, Inc.

...U.S. v. Fior D'Italia, Inc. 536 U.S. 238, 122 S.Ct. 2117 U.S.,2002. June 17, 2002 (Approx. 17 pages) |[pic] | 536 U.S. 238, 122 S.Ct. 2117, 153 L.Ed.2d 280, 89 A.F.T.R.2d 2002-2883, 70 USLW 4539, 70 USLW 4565, 2002-2 USTC P 50,459, 2002-2 C.B. 875, Unempl.Ins.Rep. (CCH) P 16736B, 02 Cal. Daily Op. Serv. 5315, 2002 Daily Journal D.A.R. 6699, 15 Fla. L. Weekly Fed. S 383 Briefs and Other Related Documents Judges and Attorneys Oral Argument Transcripts with Streaming Media Supreme Court of the United States UNITED STATES, Petitioner, v. FIOR D'ITALIA, INC. No. 01-463. Argued April 22, 2002. Decided June 17, 2002. Restaurant challenged use by the Internal Revenue Services (IRS) of aggregate method to determine, assess, and collect its share of Federal Insurance Contribution Act (FICA) taxes on tips received by its employees. The United States District Court for the Northern District of California, 21 F.Supp.2d 1097, granted summary judgment for restaurant, and IRS appealed. The Court of Appeals for the Ninth Circuit, 242 F.3d 844, affirmed, and certiorari was granted. The Supreme Court, Justice Breyer, held that: (1) the law authorized the IRS to base its assessment upon its aggregate estimate of all the tips that the restaurant's customers paid its employees; (2) such a method is not precluded by negative implication...

Words: 11729 - Pages: 47

Free Essay

Harley-Davidson, Inc. V Grottanelli

...Running head: Harley-Davidson, Inc. v Grottanelli Harley-Davidson, Inc. v Grottanelli Park University HARLEY-DAVIDSON, INC. v. GROTTANELLI 91 F.Supp.2d 544 (2000) HARLEY-DAVIDSON, INC., Plaintiff, v. Ronald GROTTANELLI, d/b/a The Hog Farm, Defendant. No. 93-CV-144M. United States District Court, W.D. New York. March 24, 2000. Michael, Best & Friedrich, Dyann L. Kostello, Milwaukee, WI, for plaintiff. Phillips, Lytle, Hitchcock, Blaine & Huber, Peter K. Sommer, Buffalo, NY, for defendant. Harley-Davidson, Inc. v Grottanelli Harley-Davidson, Inc. v Grottanelli was heard before the court in October 21 through 24, 1996. A decision and order was entered March 20, 1997 in which it was found that the defendant was entitled to use the term “Hog Farm” in regards to the conduct of its business. Harley-Davidson, Inc. was entitled to a permanent injunction with respect to its “Bar and Shield” and “Hog” trademarks. On April 9, 1997, the defendant moved to amend the courts findings and to amend the order from March 20, 1997. In addition, the defendant moved to amend the pleadings to conform with the evidence and for entry of judgment in his favor. In a judgment filed October 1, 1997, the court denied the motions and enjoined his use of the plaintiff’s “Bar and Shield” and “Hog” trademarks. The parties then appealed to the United States Court of Appeals for the Second Circuit were the court upheld the judgment as to the “Bar and Shield” trademarks, but reversed...

Words: 713 - Pages: 3

Free Essay

Pliva, Inc. V. Mensing

...PLIVA, Inc. v. Mensing Doctors prescribed both Gladys Mensing and Julie Demahy the drug Reglan. They each had their prescriptions filled with the generic equivalent of the name brand drug. After long-term use of this generic drug, Mensing and Demahy developed severe neurologic disorders. The women separately sued Pliva and Actavis, the generic drug manufacturers, making state law failure-to-warn claims, alleging that the drug’s warning label failed to adequately warn them of the risks. Pliva and Actavis argue that the federal Food, Drug, and Cosmetic Act, along with Food and Drug Administration regulations that govern the entire drug approval and labeling process, preempt Mensing and Demahy’s state law claims because it was impossible for Pliva and Actavis to comply with both federal and state law. The companies argue that they could not provide additional warnings beyond what the brand manufacturer provided on its label. In deciding this case, the Supreme Court will ultimately have to weigh the costs born by generic drug manufacturers and the public against the benefits of incentivizing manufacturers to create safer drugs with more complete warnings. After taking metaclopramide for several years, both respondents developed tardive dyskinesia and sued the manufacturers of the medication that they took. The suits were based on failure-to-warn theories under state law. The defendant manufacturers in both cases argued that federal statutes and FDA......

Words: 845 - Pages: 4

Premium Essay

Fomaex International, Inc.

...Case 3.7 Foamex International Inc. 1. Who has the final responsibility for the integrity of a SEC registrant's internal controls: its audit committee its management team or its independent auditors? Explain The management has the final responsibility for the authenticity of internal controls. The client prepares the financial statements and the management makes certain claims or assertions about these numbers. The auditor's validate the management's assertions by identifying audit objectives, which are the auditor's version of assertions on the financial statements. The auditors are hired by the audit committee, which is comprised of key members with financial expertise and not the management. The audit committee relies on the management to run the daily operations of the business, and maintain quality and integrity of the accounting and reporting practices, internal controls, and financial statements. The management is also responsible for legal and regulatory compliance, the auditors’ qualifications and independence, and the performance of the company’s internal audit function and independent auditors. The audit committee is responsible for the oversight of all of the above management responsibilities. Other responsibilities of the audit committee include: a) Monitoring choice of accounting policies and principles and internal control process. b) Overseeing the financial reporting and disclosure process, the performance of the internal audit function and of the......

Words: 617 - Pages: 3

Premium Essay

Heidrick & Struggles International Inc.

...Case Study – Heidrick & Struggles International, Inc. Why is Strategic Recruitment critical to the success of an organization in meeting its goals and mission? Staffing, training and development as well as employee retention are essential for an organization. It involves finding and adding the correct workforce to the organization, training employees to better perform the tasks, and create ways to engage and retain top performers avoiding turnover financial hardship and talent loss. As such, human resources personnel must strategically plan these processes to align the correct employees and skills to perform the tasks and roles the organization needs to fulfill its overall strategy. In today’s rapid changing environment, strategic recruitment is critical to the success of the organization, as companies need to quickly adapt their needs and find the better candidate to fulfill that need. Companies need to rely more on its human capital that will bring new and better ways to perform day-to-day operations as well as provide with different ideas on how to improve current processes to ultimately provide its customer with innovative and more effective products or services. Whether done internally or externally, the recruiting process has to be strategically and effectively planned to be successful. “An organization needs to know that it has the right employees with the right skills in the right places at the right time.” (Mello, 2011. P.339). A good strategic recruiting......

Words: 271 - Pages: 2

Free Essay

Morris V. K-Mart, Inc.

...Morris v. K-mart. Inc. 621 N.E.2d 1147 (West 2013) Facts- On March 30, 1987, Jackalyne Morris went to a K-Mart store to purchase wallpaper. Once Mrs. Morris retrieved the necessary wallpaper in her cart, she proceeded to the housewares department. While in the housewares department, Mrs. Morris stepped away from her cart and when she returned to the cart, her right foot slipped on a piece of plastic. As a result of Mrs. Morris slipping, she fell which caused her to injure her right hip and leg. She was then helped to the front of the store where she gave the piece of plastic to a store employee who identified the plastic as a “shelf talker”. A “shelf talker” is a device that is attached to and suspended from a shelf to display sales goods. During trial, the employee testified that he gave the piece of plastic to a member of K-Mart’s security force and the piece of plastic had been lost. Hence, K-Mart did not introduce the piece of plastic at trial. Issue- Is there sufficient evidence that K-Mart was negligent on keeping their floors free of debris? Is there sufficient evidence that Mrs. Morris allegedly slipped on this piece of plastic without noticing it? Rule- According to, Slip and Fall law refers to the area of law governing personal injury claims which involve specific types of accidents wherein the party’s injury is the result of a fall. This area is a subset of Tort law and overlaps with Litigation law. Specifically, slip...

Words: 700 - Pages: 3

Free Essay

International Marketing - Dell Inc.

...Общоикономически факултет Катедра „Икономикс“ ДОКЛАД по „Международен стратегически мениджмънт“ На тема „Dell Inc.“ Изготвили: Проверил: Трифон Трифонов Доц. д-р И. Стойчев Ф.Н. 101337 Калоян Илиев Ф.Н. 101345 София 2014 I. История на Dell Dell Inc. е частна многонационална компютърна технологична компания, базирана в Раунд Рок , Тексас , САЩ , която развива , продава , ремонтира и поддържа компютри и свързани с тях продукти и услуги. Носеща името на своя основател , Майкъл Дел , компанията е един от най-големите технологични корпорации в света и в нея са заети повече от 103 300 души по целия свят . Dell продава персонални компютри , сървъри, устройства за съхранение на данни , софтуер , компютърни периферни устройства, телевизори , фотоапарати , принтери, MP3 плейъри и също електроника , произведена от други производители. Фирмата е добре известна със своите иновации в управлението на веригата за доставки и електронната търговия , особено модела директните продажби и подхода си " построй по поръчка " или " конфигуриране по поръчка " за производство - доставяне на отделни компютри , конфигурирани според изискванията на клиента . Dell е чист хардуерен производител за голяма част от своето съществуване, но преди няколко години с придобиването на......

Words: 4253 - Pages: 18

Premium Essay

Dell International Services Philippines, Inc.

...Strategic Management Paper on: Dell International Services Philippines, Inc. Submitted to: Professor Eliseo Aurellado Submitted by: Ryan S. Villarica MBA - Standard Date: June 28, 2014 Table of Contents Executive Summary4 I. Introduction6 II. Research Methodology7 III. Mission and Vision Analysis8 Current Vision and Mission8 Review of the Current Vision9 Review of the Current Mission10 Proposed Vision and Mission Statements11 Review of the Proposed Vision and Mission Statements12 Communicating the Proposed Vision and Mission Statements14 IV. External Analysis15 Economic Forces15 Political Forces………………………......................................................................................... 18 Social, Cultural, Demographic and Ecological Forces 19 Technological Forces 21 Industry and Competitive Forces 22 Five Forces of Competition Model 24 Competitive Profile Matrix (CPM)28 External Factor Evaluation (EFE) Matrix 33 V. Internal Analysis39 Functional Audit39 Culture39 Management41 Operations43 Information Systems44 Human Resources45 Marketing and Hiring46 Financial Performance47 Internal Factor Evaluation (IFE) Matrix52 VI. Strategy Formulation58 SWOT Analysis58 Strategic Position and Evaluation (SPACE) Matrix 60 Internal-External (IE) Matrix63 Grand Strategy Matrix64 Summary of Matrices and Analysis65 VII. Quality Strategy Planning Matrix 66 VIII. Proposed......

Words: 12480 - Pages: 50

Free Essay

Chapman International Inc.

...Economics Majors (Econ. 970). Average Evaluation 4.7 (out of 5.0) Teaching Materials Case and Teaching Note: Dragon Soup and Earnings Management – A & B, Kellogg School of Management, Case Numbers 5-211-251(A) and 5-211-251(B), Published 2011 Case and Teaching Note: Jimmy Fu and Moog Inc.: Understanding Shareholders’ Equity, Harvard Business Publishing, Case Number 4203, Published June 2010 Case and Teaching Note: Biovail Corporation: Revenue Recognition and FOB Sales Accounting, Harvard Business Publishing, Case Number 4011, Published April 2009 Teaching Note for Merrimack Tractors and Mowers, Inc.: LIFO or FIFO. Harvard Business Publishing, Case Number 3219, Published December 2008 Editorial Positions Editorial Board - El-Khazindar Business Research and Case Center, The American University in Cairo, Since 2009. American Accounting Association, Financial Accounting Research Section, Section Liaison for 2012 Annual Meeting in respect of Earnings Management submissions. Invited Presentations/Conferences 2010 The Hangover Effects of Real Earnings Management: Patterns of Real Earnings Management and Subsequent Performance University of Notre Dame Financial Executives International (FEI) Conference on IFRS Convergence, Toronto Accounting Research Conference, Deloitte Trueblood Seminar for Professors 2009 The Hangover Effects of Real Earnings Management: Patterns of Real Earnings Management and Subsequent Performance The Ohio State University, Kansas......

Words: 1993 - Pages: 8

Premium Essay

Marriot International Inc

...A Financial Ratio Quarterly Trend Analysis of Marriott International, Inc. Stock symbol: MAR Listed on the New York Stock Exchange By: 1.0 Introduction This report provides a financial quarterly trend analysis for Marriott International, Inc. The U.S.-based company has been in the lodging business since 1957 1 and currently operates in more than 70 countries worldwide 2, making it one of the oldest and largest hotel corporations in the world 3. Marriott International’s stock is publicly traded on the New York Stock Exchange (NYSE) under the symbol “MAR”, which we will use to reference the company throughout this report. Our team chose to analyze MAR for the following reasons: • In our Organizational Behavior class, we completed the “Work Preferences Indicator” and discovered that the field of hospitality management was recommended for everyone on our team. • The hotel industry is booming in Panama (with over 12,000 new rooms currently under construction for delivery by 2013). 4 Marriott has had a strong market presence over the last decade and currently commands one of the highest room rates in Panama City.5 It is also undergoing an aggressive expansion and remodeling of its two properties at this time. 6 • Most of us are frequent business travelers and often stay in Marriott-flagged properties. • One of our team members was a former sales and marketing director for a luxury resort anchored by a Marriott hotel, Los Sueños Resort & Marina in......

Words: 5541 - Pages: 23

Premium Essay

Hoover Co. V. Bissell Inc

...I. Synopsis: Case: The HOOVER COMPANY, Plaintiff, v. BISSELL INC., Defendant. No. 5:98-CV-1088. United States District Court, N.D. Ohio, Eastern Division. March 19, 1999. A. The Hoover Company History: Hoover vacuum cleaners have markets in the United States and Canada. In addition to vacuum cleaners, Hoover also produces and sells high quality washers and dryers. Maytag acquired The Hoover Company in 1989, providing Maytag an important foothold in the highly competitive international market. The company roots back to 1827, when Henry Hoover established a plant near Canton, OH. 80 years later led to him and his sons selling vacuum cleaners after purchasing rights to an electric suction sweeper, which was invented a year before by a guy named Murray Spangler. In 1908, Hoover bought Spangler’s patent, kept him as a partner and soon named the company Hoover Suction Sweeper Co. Hoover than began marketing the sweeper in stores all throughout the country. By 1921, Hoover had gone global and by 1923, sales reached $23 million. Hoover today specializes in all floor care and is a continued leader in the industry (Hoover: Fundinguniverse, 2006). B. Bissell Inc. Company History In 1876, Melville Bissell began marketing his carpet sweeper invention with revolving brushes. The revolving brushes picked up the dust and dirt and deposited it inside the sweeper housing. Being dependent on the rotation of the wheels to drive the sweeping mechanism, it only removed debris......

Words: 1456 - Pages: 6

Premium Essay

Marriott International, Inc.

... Marriott International, Incorporated is a leader in the global hospitality industry with more than 3,500 properties and the broadest portfolio of brands in the industry. Since the beginning of its existence, “Marriott has firmly established a culture and a tradition of innovation, service and leading performance” (Marriott Website). I chose to conduct a business analysis of this company because one of my interests is managing a prestigious international hotel and resort. After conducting a research about Marriott, I learned the strengths, weaknesses, opportunities, and threats (SWOT) analysis about the company. Their strengths are on technical innovations, higher brand recognition and recall, and global presence, and strong brand portfolio. The company adopted the so-called Marriott’s Automated Reservation System for Hotel Accommodations (MARSH), “a technical innovation to ease the business process and increase hassle-free experience for the customers” (Marriott International, Inc. Datamonitor). MARSH is a well-known reservation system to assist the customers wherever they go around the world. This technology gives the Marriott an advantage over its competitors. Another technical innovation that the company is using is the Property Guest Object Oriented System (PGOOS). This is “an auditing tool which automatically audit every night its central reservations system, i.e. MARSH” (Marriott International, Inc. Data Monitor). ......

Words: 2319 - Pages: 10