Packaging Forensics PDF eBook

Author: Walter Stern; Contributors: Robert J. Bockserman, Martin K. Brigham, G.E. Campbell, Patrick E. Carr, Charles R. Goerth, Peter Henningsen, Jr., Matthew W. Loughren, Robert A. Luciano, Alfred H. McKinley, Francis Patrick Murphy, George A. Peters, Grantges J. Raymus, Barry S. Rope, Jack L. Rosette, Paul Singh, Suzelle M. Smith, Eunice Trevor, Nancy A. Zettler,  ISBN 10: 0-913875-78-3 ISBN 13: 978-0-913875-78-0 Copyright Date Ed: December 13, 2000 Pages: 352 pages PDF eBook An in-depth reference for the products liability litigator. With the many variables to consider in any packaging forensics case, you'll first need to determine what type of expert to hire. A safety specialist? A mechanical engineer? Or an accident reconstructionist? Written by veteran packaging engineers and attorneys, you'll find that you'll have all the information you need to successfully litigate your case. Packaging forensics is a unique specialty incorporating transportation, distribution, packaging, and materials handling. You'll learn how the proper documentation and photographic evidence of a manufacturer's operations in storage, loading, and ensuring the security of packages will convince the defense settle a case before it goes to trial. Was weight distribution a factor in the accident? Were industry standards followed? Were written safety instructions read prior to the accident? \Whether you're an attorney working for the defense or plaintiff, an industry executive or active professional engineer, you'll find that this book will be a most useful resource on this complex area of expertise. TOPICS COVERED The packaging expert in litigation Transport packaging for glass table tops Packaging your case for success The trend toward lessening the product liability burden on industry The role of the expert witness in hazardous materials litigation Packaging machinery litigation cases Single parcel shipments by ground and air carriers Using packaging experts at trial in the post Daubert era Case of refused payment for product delivery because of supposed shipment damage Table of Contents Chapter 1: Introduction 1.1 What Is Packaging Forensics? 1.2 How to Locate and Retain a Packaging Expert 1.3 How to Work with Your Expert 1.4 The Expert's Financial Arrangements 1.5 Saying "Goodbye" to Your Expert 1.6 How This Book Is Organized Chapter 2: Package Failure in the Courts Walter Stern 2.1 Introduction 2.2 Typical Package-Failure Cases A. Glass bottles B. Closures C. Labeling D. Dispensing E. Multiwall bags F. Caution notices G. Set-up boxes H. Stapling I. Plastic bottles J. Multipacks K. Corrugated cases 2.3 Ways to Minimize the Risk of Lawsuits A. Make packages user-friendly B. Design holding ease, use C. Test full distribution cycles D. Preserve your QC records E. Use independent tests F. Consult a forensic expert Chapter 3: The Packaging Expert Walter Stern Chapter 4: Packaging and Product Liability Nancy A. Zettler, Esq. 4.1 The Trend Toward Lessening the Product Liability Burden on Industry A. The trend as it affects packaging B. Warnings 4.2 The State of Product Liability Law in the U.S. Today A. Safety packaging B. The Tylenol litigation C. Foreseeability D. Proving foreseeability E. Prior notice of similar misuse F. Feasibility of alternative packaging 4.3 Avoiding Litigation A. The manufacturer as expert B. Reliance on industry standards 4.4 Conclusion References Chapter 5: Using Packaging Experts at Trial in the Post-Daubert Era Suzelle M. Smith, Esq. 5.1 Introduction 5.2 Infant versus Distributor of Apple Juice 5.3 Defendant's Packaging Expert and His Impressive Defense of the Product 5.4 Plaintiff Retains an Expert 5.5 Defendants Make a Daubert Motion to Preclude Plaintiffs' Expert and Have the Court Thereafter Enter Summary Judgment A. Defendants request a Daubert evidentiary hearing B. Procedure C. Defendant's objections D. Plaintiffs response E. Hearing F. Ruling 5.6 Case Resolution Chapter 6: Product Hazard Communications Charles R. Goerth, Esq. and George A. Peters, Esq., P.E. 6.1 Introduction 6.2 Space and Location 6.3 Space Expansion 6.4 Basic Criteria 6.5 Conclusion Chapter 7: Ocular Injuries Caused by Institutional Food Packaging Robert J. Bockserman, C.P.P. 7.1 Background 7.2 The Petition: (Key Paragraphs) 7.3 One of the Defendant's answers (Among Many) to the Petition 7.4 Technical Background of Product Information for the Basis of Expert Testimony for the Case 7.5 Deposition Data 7.6 Searching Technical Literature 7.7 Defendant's Motion for Partial Summary Judgment 7.8 The Order of the Court on Whether a Partial Summary Judgment Was to be Granted 7.9 My Conclusions to This Case References Chapter 8: Blackburn v. Kitchen Chemical G.E. Campbell 8.1 Background and Case 8.2 Plaintiff's Claim 8.3 Plastic Containers 8.4 Testing and Inspection 8.5 Conclusion 8.6 Discussion Chapter 9: George v. MasterLab G.E. Campbell 9.1 Background and Case 9.2 Plaintiff's Claim 9.3 Plastic Container 9.4 Testing and Inspection 9.5 Conclusion 9.6 Discussion Chapter 10: The Case of the Careless Nurse: $10 million verdict for wrongful death of a 91-year-old woman from an overdose of Lidocaine ATLA Law Reporter 10.1 The Case of the Careless Nurse 10.2 The Inspiration 10.3 Astra's Answer 10.4 Settlement Talks 10.5 The Trial 10.6 Aggravated Circumstances 10.7 The Verdict: A Voice That Will Be Heard Chapter 11: When in Doubt, Blame the Box! Jack L. Rosette, Ph.D., C.C.P. 11.1 Introduction 11.2 Complaint from Client 11.3 History of Complaint 11.4 Components of Packages 11.5 Actual versus Potential Losses 11.6 Background of ECT versus Mullen 11.7 Factors that Contribute to Stacking Strength 11.8 Determining Requirements versus Specification 11.9 Results of Package Analysis 11.10 Examination of Customer Sites 11.11 Identification of Contributing Factors 11.12 History of Problems in the Corrugated Industry 11.13 Contributory Negligence 11.14 Tall Box's Response 11.15 Miles' Response 11.16 Corrective Action 11.17 Possible Additional Remedies 11.18 Advice to Purchasers of Packaging Materials 11.19 Settlement of Case 11.20 Summary 11.21 Epilogue Chapter 12: The Case of the Burning Man Walter Stern Chapter 13: The Case of the Deadly Corrugated Carton Walter Stern 13.1 Background 13.2 What Happened 13.3 The Investigation Chapter 14: Packaging Your Case for Success Martin K. Brigham, Esq. and Eunice Trevor, Esq. 14.1 Introduction 14.2 Prompt Investigation 14.3 Analyzing Potential Liability A. Identifying literature and resources B. Identifying expert witnesses 14.4 Proving Liability 14.5 Defenses A. Compliance with government regulations and industry standards B. Federal preemption C. Cost of remedial measures 1. Frequency and severity of accidents 2. Cost of safe packaging 14.6 Conclusion Chapter 15: The Case of the Dangerous Drain Master Walter Stern Chapter 16: A Shattered Bottle . . . a Shattered Life Francis Patrick Murphy, Esq. 16.1 Introduction 16.2 Investigation 16.3 Complaint at Law 16.4 Discovery 16.5 Expert Evidence: The Expert 16.6 The Dailey Case 16.7 Deposition 16.8 Negotiations 16.9 Conclusion Chapter 17: The Case of the Stress Cracked Plastic Bottles: "B" v. "C" Company G.E. Campbell 17.1 Background and Case 17.2 Plaintiff's Claim 17.3 Plastic Containers 17.4 Testing and Inspection 17.5 Conclusion 17.6 Discussion Chapter 18: Santos v. Automotive Chemical G.E. Campbell 18.1 Background and Case 18.2 Plaintiff's Claim 18.3 Plastic Container 18.4 Testing and Inspection 18.5 Conclusion 18.6 Discussion Chapter 19: The Spray Paint Can That Burned Down a House Walter Stern Chapter 20: The Packaging Expert in Litigation Patrick E. Carr Chapter 21 The Case of the Torn Beverage Carrier Walter Stern 21.1 Introduction 21.2 The Accident 21.3 General Comments on Beverage Carriers for Soft Drinks 21.4 Examination of the Bottle Carrier in Suit 21.5 Conclusions Chapter 22: A Billion Dollar Quality Control Problem Walter Stern Chapter 23: Distribution Packaging Barry S. Rope 23.1 Case 1: Pallets of Commercial Bags 23.2 Case 2: Construction Windows 23.3 Case 3: Palletized Sheet Steel 23.4 Case 4: Bags of Industrial Powder Chapter 24: Single Parcel Shipments by Ground and Air Carriers Paul Singh, Ph.D. 24.1 Introduction 24.2 Parcel Shipping Environment A. Shipping orientation and drop heights B. Use of fragile and pictorial labels C. Use of shock-sensitive labels 24.3 Role of Pre-Shipment Testing 24.4 Package Functions 24.5 Distribution Packaging Test Methods for Parcel Shipments 24.6 Pictorial Markings 24.7 Precautionary Labeling 24.8 Conclusions References Chapter 25: Transport Packaging for Glass Table Tops Alfred H. McKinley, P.E. 25.1 Overview of the case A. Summary of events leading to litigation B. Expert witness retained 25.2 The investigation A. Initial information B. Packaging regulations C. National Motor freight Classification D. Photos and freight bills E. Expert's conclusions 25.3 Interrogatories to the Expert 25.4 The Expert's Deposition 25.5 Conclusion of the Case 25.6 Observations Concerning the Case Chapter 26: Case of Refused Payment for Product Delivery Because of Supposed Shipment Damage Peter Henningsen, Jr. 26.1 Introduction 26.2 Selecting Expert Witnesses 26.3 Case in Description 26.4 Initial Meeting with Law Firm Principal A. Establishing confidence between expert witness and attorneys B. Definition of actions to be taken 26.5 Investigation Procedures A. Product characteristics and packaging requirements B. Handling requirements for bagged product C. Pallets and palletizing considerations D. Observation of defendant's pallet receiving and handling operations E. On-site observation of plaintiff's packaging operations 26.6 Data Collection Requirements A. Identifying needed records B. Review of plaintiff's production and shipment records C. Review of defendant's purchase records 26.7 Submission of reports 26.8 Conclusions Chapter 27: The Case of the Blinding Staples Walter Stern Chapter 28: The Role of the Expert Witness in Hazardous Materials Packaging Litigation Grantges J. Raymus, M.E., M.S., P.E. 28.1 Qualifications 28.2 Serving the Needs of a Trial Attorney 28.3 Serving the Needs of the Court 28.4 Some Typical Cases A. Personal injury resulted from use of a hazardous material although package used complied with DOT regulations. B. A wrong plastic gasket in a steel drum resulted in the spill of a regulated solvent C. Plaintiff was injured by a flash fire while a solvent was being used by another workman. D. An improperly made can resulted in considerable loss of a new product to a major manufacturer of consumer goods. 28.5 Conclusion Chapter 29: Packaging Machinery Litigation Cases Robert A. Luciano, P.E., C.P.P. 29.1 Machine-Related Operator Inquiry 29.2 Description of the Case 29.3 Initial Attorney/Expert Contact 29.4 Inspection of the Accident Scene and the Equipment Involved 29.5 Final Report Chapter 30: The Case of the Defectively Packaged Pie Server Matthew W. Loughren, Esq. 30.1 Accident Facts 30.2 The Product 30.3 General Theories of Liability 30.4 Expert Witnesses 30.5 Conclusion Chapter 31: The Case of the Exploding Bottle Cap Walter Stern About the Authors Index