October 18, 2018 in Case Summaries
Levinger PC teamed with trial lawyers Andy Payne and Todd Ramsey in persuading the Fort Worth Court of Appeals to affirm an $18 million judgment in favor of their client Clarence Johnson in his products-liability suit against HVAC manufacturers Emerson Climate Technologies and Fusite. Johnson, an HVAC repairman, was seriously injured when an air conditioning unit designed by Emerson and equipped with a Fusite terminal exploded and vented scalding oil and refrigerant onto Johnson’s face and body. After a lengthy trial, a jury found in Johnson’s favor on his design defect and marketing defect claims, and awarded substantial damages for his pecuniary loss and mental anguish. In a comprehensive 63-page memorandum opinion, the Fort Worth Court of Appeals rejected the challenges of Emerson and Fusite to the sufficiency of the evidence, to the testimony of Johnson’s design-defect expert, to the instructions in the jury charge, and to the mental anguish awards. Jeff Levinger orally argued the case in June 2017 and the Court issued its opinion in October 2018. Emerson Electric Co., d/b/a Fusite and Emerson Climate Technologies v. Johnson, No. 02-16-00173-CV, 2018 WL 5074702 (Tex. App.—Fort Worth Oct. 18, 2018, pet. granted).
Courts: Texas Intermediate Appellate Courts
Subject Matter: Products Liability & Personal Injury, Procedural & Evidentiary Issues