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Wilson Elser Elevates 34 to Partnership in 2025
January 8, 2025
Michael S. Rothrock (Of Counsel-Raleigh, NC) and Peter Clements (Associate-Charlotte, NC) obtained summary judgment in North Carolina Superior Court for a national distributor of smoking and vaping products and accessories. In this product liability case, the plaintiff sought damages for injuries sustained after a lithium-ion battery experienced a thermal runaway in his pocket, causing second-degree burns and scarring. The plaintiff contends that the distributor and retailer of the batteries are liable because they knew or should have known that the batteries were inappropriate for use in vaping devices and alleges that he was not warned of the dangers associated with them. There was a factual dispute between the parties as to whether the plaintiff was warned, but the plaintiff maintained that if he was warned, the warning was insufficient. Mike and Peter argued that the plaintiff's claims lack merit because the plaintiff failed to prove that our client distributed the battery; no evidence was presented establishing the claimed injury was caused by an act or omission of the client; any failure to warn was not a proximate cause of the injury; and the sealed container defense bars the plaintiff's claims. The court concurred, granting Mike and Peter’s motion for summary judgment just before trial and dismissing the case.
Michael S. Rothrock and Peter Clements Jr.