Carlo Marichal successfully represented a manufacturer of pipe plug in a products liability/wrongful death lawsuit.
The decedent was using the pipe plug while he was repairing an underground pipe. Unfortunately, the pipe plug exploded, dislodged the pipe, and killed the decedent. The plaintiff decedent’s mother brought the claim for strict liability.
Mr. Marichal removed the case to federal court and successfully excluded the plaintiff’s expert under Daubert. Thereafter, the Judge granted the defense motion for summary judgment and rejected the plaintiff’s argument that an inference of a defect should apply.