Attorneys obtained summary judgment in a complex products liability action

Attorneys obtained summary judgment in a complex products liability action where the plaintiff, a state police trooper, claimed to have sustained damages as a result of a permanent brain injury when the left rear tandem wheels separated from a tractor-trailer and struck Plaintiff's patrol cruiser, which was parked in the highway median, crushing the hood and roof. The defendant, a trailer repair company, was brought into the suit on the allegation that wheel bearings failed as a result of being improperly installed and adjusted by defendant. The State Police investigation concluded that the inner wheel assembly had "blown out," however none of the wheel bearing components were recovered. The investigation also revealed that the jam nut on the right tandem wheels showed damage indicating the likelihood that improper tools were used on that side. Defense attorney moved for summary judgment, arguing that there was no evidence that defendant breached its duty of care, and that there was no evidence from which a causal connection could be drawn. The District Court agreed, finding that various theories explaining the cause of the wheel separation had been advanced, but there was no evidence supporting the claim that defendant was negligent when it performed the service of the trailer.