Jeff Lenkov and Robert Wargo Score Summary Judgment Victory on $3 Million Product Liability Claim
On April 9, 2015, Manning & Kass' Retail, Restaurant, and Hospitality Litigation and Product Liability Teams prevailed against a burn victim who alleged strict products liability and other causes of action against the firm's client, the manufacturing division of a national retail chain. Plaintiff alleged that she suffered injury when the shirt she was wearing caught fire after contact with a small flame because the shirt was dangerously flammable. In the Motion for Summary Judgment, drafted by senior counsel Robert P. Wargo and argued by partner Jeffrey M. Lenkov, defendant demonstrated that the shirt was not, in fact, defective as it was tested as required by federal law and possessed normal flammability characteristics as permitted under federal law. Plaintiff's opposition was based almost exclusively on an expert declaration, the entirety of which was stricken by the court. Plaintiff's settlement demand was $3,000,000.