Rebecca Young (Partner-Birmingham, AL) and Porter Simpler (Associate-Birmingham, AL) obtained dismissal on a motion for summary judgment in Tuscaloosa County Circuit Court, Tuscaloosa, Alabama. The plaintiff alleged she suffered catastrophic crush injuries to her foot and $3.7 million in damages resulting from use of a defective work safety shoe. The plaintiff alleged our shoe company client misrepresented the extent of the shoe's safety and, in addition to compensatory and punitive damages, sought a statewide injunction enjoining the sale of the shoe in all manufacturing areas with crush risk hazards and for our client to issue refunds to past consumers. In response, Rebecca and Porter filed a motion for summary judgment arguing their client did not have the requisite connection to the safety design and sale of the shoe to create liability under Alabama law. It was undisputed that our client’s company name was included on the shoe at issue, but Rebecca and Porter explained that this by itself was not enough to create liability, and presented evidence demonstrating the company was not involved in the specific safety design and did not have any interaction with the plaintiff to support the misrepresentation claims. In opposition to these arguments, the plaintiff submitted numerous business organization records claiming that the defendant was operating as the same entity that was responsible for the licensing of the product. At the hearing on the summary judgment, the plaintiff’s counsel argued that he needed more time to gather information about the corporate structure of our client but later conceded there was inadequate evidence to create liability. The court granted the motion for summary judgment and dismissed all claims with prejudice.