Kelley Kronenberg Partner and Business Unit Leader David Gonzalez, with support from Paralegal Eleanor Waters, secured summary judgment and dismissal with prejudice in the Superior Court of New Jersey, Passaic County, on behalf of a propane cylinder manufacturer, distributor, and retailer in a high-exposure product liability case. The matter was litigated in coordination with national counsel out of Kansas City, Missouri. 

The plaintiff alleged that a defectively manufactured and designed propane cylinder caused a fire and explosion resulting in extensive burn injuries. Claims included strict product liability, breach of warranty, common law fraud, and negligence. The plaintiff presented close to $1 million in medical expenses and sought at least that amount in economic damages, plus unspecified non-economic damages. 

David successfully moved for summary judgment based on the plaintiff’s failure to provide sufficient expert evidence and failure to meet his burden of proof and make a prima facie case on any of the claims asserted. The defense leveraged the protections of the New Jersey Product Liability Act and the high burden of expert proofs required in complex product cases. The Court agreed, granting summary judgment and dismissing all claims with prejudice. 

 

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