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Q: details of negligence lawsuit against evenflo ( Answered,   0 Comments )
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Subject: details of negligence lawsuit against evenflo
Category: Business and Money
Asked by: weedie-ga
List Price: $40.00
Posted: 22 May 2003 01:11 PDT
Expires: 21 Jun 2003 01:11 PDT
Question ID: 207212
how to track detail of a lawsuit
Answer  
Subject: Re: details of negligence lawsuit against evenflo
Answered By: pafalafa-ga on 22 May 2003 07:12 PDT
 
Hello Weedie-ga, and thanks for asking a challenging question.

Tracking lawsuits is tricky business, but there are several sources
and tools that can be a real help in keeping tabs on what’s happening
in the courts.

Since you didn’t ask about a specific legal action, I am providing
general guidance on how to search for lawsuits involving Evenflo (or
any other company, for that matter).  But the strategies I’m outlining
here can also be used to track actions on a specific case, if that is
your interest.

If anything I present below is unclear, or if you simply need more
information, please let me know through a Request for Clarification,
and I’ll be happy to assist you further.

----------

First stop is Google News at [ news.google.com ] where you can simply
enter the search term –  Evenflo – and you’ll get all recent news
stories about the company, including anything that was published
regarding recalls, negligence, lawsuits, etc.  I ran the news search
for you, and you can see the results at:

http://news.google.com/news?sourceid=navclient&q=evenflo

Although there are no stories right now regarding lawsuits, you should
check back every few days for updated information.  Also, there *are*
several stories about unsafe products, and these might be of interest
to you, depending on the type of court action you are tracking.

----------

Next stop is the main Google search page at [ www.google.com ] where
you can do a search for cases against Evenflo by entering the search
term (including quotation marks) “v Evenflo”.

The “v” is used as a common abbreviation in court cases (e.g. Smith v
Evenflo), so searching on “v Evenflo” will scour the internet for 
information on cases.  You can see the search results at:

://www.google.com/search?sourceid=navclient&q=%22v+evenflo%22

and as you can see, a number of cases pop up, including:

Cantwell v. Evenflo (Lansing, Michigan)

Steele v. Evenflo Company, Inc., et al. St. Louis City  

Cornette v. Evenflo, State Court, Florida

Thomas v. Evenflo

The search will also take you sites that cover different topics
pertaining to corporate lawsuits, such as the Products Liability Law
Reporter 2002 Annual Index at:

www.atla.org/subs/PLLRindex02.pdf

It’s worth repeating the same search with “vs Evenflo” since “vs” is
occasionally  used as well for court cases.  When I ran the search, no
additional cases popped up:

://www.google.com/search?sourceid=navclient&q=%22vs+evenflo%22

but it’s worth trying again in the future.  

----------

Next, take a look at [ www.findlaw.com ], and search on Evenflo...you
can see the results here:

http://lawcrawler.findlaw.com/scripts/lc.pl?entry=evenflo+&sites=findlaw.com

Most of the information that pops up is about recalls involving
Evenflo, but there is a lawsuit or two strewn among the results as
well, such as the Dolly, Inc. v. Spalding & Evenflo Cos., Inc. , 16
F.3d 394 (Fed. Cir. 1994) case mentioned at:

http://library.lp.findlaw.com/articles/00969/008692.pdf
												
If you want to eliminate the recall information, just repeat the
search with:

Evenflo -recalls 

as your search terms.

----------

LexisNexis is the pre-eminent commercial source of information on
lawsuits, and you don’t need to be a lawyer to access it.  In fact,
you can search for cases free of charge, but if you want detailed case
information, they will charge you for it.
								
Go to [ www.lexisnexis.com ] and, from the pull-down menu on the top
left of the page, select:

“LexisNexis by credit card”

This will take you to a sign in page.  I generally use the “Pay as you
go” option when I search, but you may want to consider signing up for
a full day or full week access, depending on your use (remember....no
charge for searching under the “Pay as you go” option....only for
retrieving case information).
Follow the sign up steps, and eventually you’ll wind up at a page to
select your search options:

http://web.lexis.com/xchange/forms/uas/catalog.asp

One of the options is:

 Legal Sources   
 *Your credit card will be charged $9.00 (in U.S. Dollars), plus
applicable taxes, for each document you select from your search
results cite list.
 
 Federal Legal- U.S.
 State Legal- U.S.
 Secondary Legal
 
*IGNORE THIS*...instead, on the upper left hand of the page, is an
(almost invisible) link that reads:

 “Get a case or statute”

Click on this, which will take you to a new page and a search
box....but ignore that as well.  Instead,  at the top middle of the
page is some text that says:

“Party Name”

Click on that, and go to a new page with a new search box.  Now you’re
in business.

Enter Evenflo in the “Party Name” search field.

Select the courts you want to search....I usually use “combined
courts” to get federal and state cases.

Select the “Dates” from the pull-down menu.  I ran this search for the
“Previous 2 Years” and got the following 9 results:


----------

  1. Antonious v. Spalding & Evenflo Cos.,  01-1088,  UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT,  February 28, 2002, Decided,
 Rehearing Denied February 28, 2002, Reported at: 2002 U.S. App. LEXIS
4403.
 
Although original sanctions motions and argument on appeal were
directed at complaint, letter written after complaint was filed
supplemented the complaint, since motion referred to and specifically
referenced the letter, and it was attached.


  2. Antonious v. Spalding & Evenflo Cos.,  01-1088,  UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT,  February 28, 2002, Decided,
 February 28, 2002, Filed,  RULES OF THE FEDERAL CIRCUIT COURT OF
APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.

  3. Antonious v. Spalding & Evenflo Cos.,  01-1088,  UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT,  January 7, 2002, Decided, 
Rehearing Denied February 28, 2002, Reported at: 2002 U.S. App. LEXIS
4403.
 
Court vacated district court's sanctions order. Sanctioned attorneys'
proposed patent claim construction was not frivolous, and it was
unclear whether attorneys had evidence from which objective reasonable
attorney would have inferred infringement.
 

  4. Hare v. Evenflo Co.,  UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF NEW YORK,  December 11, 2001, Decided,  December
17, 2001, Filed
 
Where the retailer was allegedly responsible for placing the product
in the marketplace, plaintiffs' motion to join the retailer to the
action was granted. As a result, diversity jurisdiction was destroyed
and the case was remanded to state court.
 


  5. Bankers Std. Ins. Co. v. Suntrust Bank Miami, N.A.,  Case No.
2D00-1928,  COURT OF APPEAL OF FLORIDA, SECOND DISTRICT,  May 25,
2001, Opinion Filed,  DECISION WITHOUT PUBLISHED OPINION

  6. Brown v. Nat'l Presto Indus.,  SC: 119963,  SUPREME COURT OF
MICHIGAN,  April 29, 2002, Decided

  7. BROWN v. NATIONAL PRESTO INDUS.,  No. 215056,  COURT OF APPEALS
OF MICHIGAN,  June 15, 2001, Decided,  IN ACCORDANCE WITH THE MICHIGAN
COURT OF APPEALS RULES, UNPUBLISHED OPINIONS ARE NOT PRECEDENTIALLY
BINDING UNDER THE RULES OF STARE DECISIS.
 

  8. Stevens v. Spalding & Evenflo Cos.,  NO. 07-99-0271-CV,  COURT OF
APPEALS OF TEXAS, SEVENTH DISTRICT, AMARILLO,  June 26, 2001, Decided,
 PURSUANT TO THE TEXAS RULES OF APPELLATE PROCEDURE, UNPUBLISHED
OPINIONS SHALL NOT BE CITED AS AUTHORITY BY COUNSEL OR BY A COURT.
 
OVERVIEW: Medical plan administrator had right to subrogation of
payee's claims from personal injury suit. Payee acknowledged
administrator's right to subrogation and reimbursement and was bound
by agreement.
 

  9. Stevens v. Spalding & Evenflo Cos., Inc.,  NO. 07-99-0270-CV, 
COURT OF APPEALS OF TEXAS, SEVENTH DISTRICT, AMARILLO,  June 26, 2001,
Decided,  PURSUANT TO THE TEXAS RULES OF APPELLATE PROCEDURE,
UNPUBLISHED OPINIONS SHALL NOT BE CITED AS AUTHORITY BY COUNSEL OR BY
A COURT.

----------

As you can see, there is some repetition in cases cited.  Also, not
all the case have Evenflo in the case title – they may have been cited
elsewhere in the case, but the only way to know is retrieve the entire
case from LexisNexis, at which point, they will charge you for the
privilege.

----------

One last stop is complicated, but worth the effort.  The U.S. Court
system has set up a system called PACER that provides electronic
access to many (not all) cases in U.S. courts.

Signing onto to PACER is cumbersome, because you have to go through a
snail-mail application form.  Instructions can be found at:

http://pacer.psc.uscourts.gov/

by choosing the “Register for PACER” button.

Once you’re signed on, though, the system is powerful, and
inexpensive.  I ran a PACER search for Evenflo cases filed since 2000,
and comae up with quite a few results:
 
 
All Types Name Search Results 
Total Party matches for selection EVENFLO 01/01/2000 to 05/21/2003 for
ALL COURTS
Search Complete 
Thu May 22 07:08:30 CDT 2003 


Bankruptcy Cases 

 Name Court Case No. Filed Chapter  
1 EVENFLO COMPANY, INC. nysbke 01-13469 06/15/2001 11 
EDEN LLC 

Civil Cases 

 Name Court Case No. Filed NOS Closed  
3 EVENFLO CO INC ohsdc 3:2000cv00071 02/07/2000 893 02/10/2000 
OHIO STATE OF vs. LUNGARD CORPORATION 
4 EVENFLO CO INC ilndc 1:2001cv09574 12/14/2001 365 06/05/2002 
PREVO vs. EVENFLO CO INC 
5 EVENFLO CO., INC. flmdc 3:2000cv01106 10/05/2000 365 05/31/2002 
BATES vs. EVENFLO JUVENILE 
6 EVENFLO CO., INC. vaedc 2:2003cv00074 01/27/2003 365 04/16/2003 
RAGUSEO vs. BABY SUPER STORE 
7 EVENFLO COMPANIES INC txsdc 4:2002cv03088 08/16/2002 355  
WILLIAMS vs. DAIMLERCHRYSLER 
8 EVENFLO COMPANY pawdc 2:2000cv01710 08/29/2000 355 12/11/2001 
SLOWIK vs. EVENFLO COMPANY 
9 EVENFLO COMPANY mssdc 3:2001cv00552 07/17/2001 365 04/11/2002 
GAINEY vs. EVENFLO COMPANY 
10 EVENFLO COMPANY nysdc 1:2001cv08723 09/26/2001 365 01/02/2002 
HARE vs. EVENFLO COMPANY 
11 EVENFLO COMPANY mssdc 3:2002cv00477 05/17/2002 365  
GAINEY vs. EVENFLO COMPANY 
12 EVENFLO COMPANY ohsdc 3:2003cv00162 05/13/2003 110  
EVENFLO COMPANY vs. FEDERAL INSURANCE CO 
13 EVENFLO COMPANY INC ohsdc 3:2000cv00590 12/15/2000 442 06/25/2002 
SLADEWSKI vs. EVENFLO COMPANY INC 
14 EVENFLO COMPANY INC txndce 3:2001cv00366 02/23/2001 365 08/01/2001
ROBLEZ vs. RAMOS, ET AL 
15 EVENFLO COMPANY INC inndc 2:2001cv00474 07/30/2001 365 03/18/2003 
VARGAS vs. EVENFLO COMPANY INC 
16 EVENFLO COMPANY INC ohsdc 3:2001cv00500 12/07/2001 190 04/17/2002 
EVENFLO COMPANY INC vs. T S FOLEY & ASSOC 
17 EVENFLO COMPANY INC txndce 3:2001cv01858 09/19/2001 190 03/21/2002
CIT GROUP COMMERCIAL vs. VMI INC, ET AL 
18 EVENFLO COMPANY INC cacdc 5:2002cv00123 02/15/2002 190 05/10/2002 
SCOTT SHEA vs. EVENFLO COMPANY INC 
19 EVENFLO COMPANY INC ohsdc 1:2002cv00215 03/29/2002 190 05/15/2002 
T S FOLEY & ASSOC vs. EVENFLO COMPANY INC 
20 EVENFLO COMPANY INC laedc 2:2002cv00335 02/06/2002 365 01/13/2003 
KNIGHT vs. EVENFLO COMPANY INC 
21 EVENFLO COMPANY INC wiedc 1:2002cv00406 04/19/2002 190  
PARROTT vs. EVENFLO COMPANY INC 
22 EVENFLO COMPANY INC wiedce 1:2002cv00406 04/19/2002 190 11/18/2002
PARROTT vs. EVENFLO COMPANY INC 
23 EVENFLO COMPANY INC wiedc 2:2002cv00406 04/19/2002 190  
PARROTT vs. EVENFLO COMPANY INC 
24 EVENFLO COMPANY INC cacdc 2:2002cv01488 02/20/2002 190 03/26/2002 
T S FOLEY & ASSOC vs. EVENFLO COMPANY INC 
25 EVENFLO COMPANY INC alndc 2:2002cv02001 08/15/2002 365  
THOMAS vs. EVENFLO COMPANY INC 
26 EVENFLO COMPANY INC txsdc 4:2002cv03088 08/16/2002 355  
WILLIAMS vs. DAIMLERCHRYSLER 
27 EVENFLO COMPANY INC ohsdc 3:2003cv00162 05/13/2003 110  
EVENFLO COMPANY vs. FEDERAL INSURANCE CO 
28 EVENFLO COMPANY INC. candc 3:2000cv01983 06/02/2000 365 03/09/2001
ALGER vs. EVENFLO COMPANY INC. 
29 EVENFLO COMPANY, INC nyedc 2:2001cv04495 07/03/2001 365  
NEGRON vs. EVENFLO COMPANY, INC 
30 EVENFLO COMPANY, INC txwdc 2:2002cv00062 10/03/2002 890 10/10/2002
CIT GROUP/COM.SRVC. vs. VMI, INC. 
31 EVENFLO COMPANY, INC gamdc 5:2002cv00259 07/26/2002 365  
MCGEE vs. EVENFLO COMPANY, INC 
32 EVENFLO COMPANY, INC. flmdc 3:2000cv01106 10/05/2000 365 05/31/2002
BATES vs. EVENFLO JUVENILE 
33 EVENFLO COMPANY, INC. pawdc 2:2000cv01710 08/29/2000 355 12/11/2001
SLOWIK vs. EVENFLO COMPANY 
34 EVENFLO COMPANY, INC. alndc 1:2001cv00487 02/23/2001 355  
SMART vs. HYUNDAI MOTOR AMER 
35 EVENFLO COMPANY, INC. mssdc 3:2001cv00552 07/17/2001 365 04/11/2002
GAINEY vs. EVENFLO COMPANY 
36 EVENFLO COMPANY, INC. ordce 3:2001cv01765 12/07/2001 365 02/19/2003
GARDNER vs. EVENFLO COMPANY, INCORPORATED 
37 EVENFLO COMPANY, INC. nysdc 1:2001cv08723 09/26/2001 365 01/02/2002
HARE vs. EVENFLO COMPANY 
38 EVENFLO COMPANY, INC. ilndc 1:2001cv09574 12/14/2001 365 06/05/2002
PREVO vs. EVENFLO CO INC 
39 EVENFLO COMPANY, INC. mssdc 3:2002cv00477 05/17/2002 365  
GAINEY vs. EVENFLO COMPANY 
40 EVENFLO COMPANY, INC. alndc 4:2002cv01667 07%


Clicking on any case provides more detail on the case, and a list of
materials filed in the case docket.  For some cases, that’s the end of
the on-line information trail, but for others, much of the case
material itself can actually be accessed on-line – each court (and for
that matter, each case) handles things a little differently.

--------

That about covers the territory.  As I said earlier, if anything here
needs additional detail or explanation, just ask, and I’m happy to
assist you further.

Request for Answer Clarification by weedie-ga on 22 May 2003 11:47 PDT
Looking at the various search engines you recommended I could not find
a current case dealing with an infant death, in the back seat; how do
i get details on that?

Thanks,

Clarification of Answer by pafalafa-ga on 22 May 2003 12:01 PDT
Is there a specific case that you know about that you are trying to
track?  Or a specific incident that you are investigating?

Any details you can provide would help focus an investigation.  If
there has never been such a case brought to court, no amount of
research will help.

Let me know any additional information that you can comfortably
provide.

Request for Answer Clarification by weedie-ga on 22 May 2003 12:20 PDT
Yes, I would like to find in some details a current case regarding an
infant that was killed in an Evenflo seat in the back seat while being
rearended and pushed into the back of the front seat.

Thanks

Clarification of Answer by pafalafa-ga on 22 May 2003 13:36 PDT
A number of the cases that showed up under PACER are coded "355",
which is the code for a Motor Vehicle Product Liability case; a few
others are coded "365" which is the "Personal Injury--Product
Liability" code.  I would concentrate on these cases as your best
possibilities, but it is not always possible to discern the details of
the case just from listing of the docket filings that PACER provides.

If you can tell me additional details -- where, and when the incident
occured, and any of the parties involved -- I might be able to provide
additional information.

Just post another Request for Clarification if there are more details
you can give me.

Request for Answer Clarification by weedie-ga on 22 May 2003 14:17 PDT
All I do know for sure is that it is a case of fatality; the vehicle
was rear-ended and infant killed due to contact to the front seat.
Also, there is no disposition yet. Since I have not been able to find
the information through the channel you recommended, I'll gladly add
to the fee to get it.

Thaks,

Clarification of Answer by pafalafa-ga on 22 May 2003 16:23 PDT
Weedie-ga,

No need to increase the price here, because it isn't a matter of
$$$...it's a matter of having enough info to track down what you need.
 If a case doesn't show up in national databases, it's necessary to go
to individual court records to find out.  That means knowing where the
case was filed, or at the very least, where the accident occurred.

I'll continue to look around and let you know in a day or two if I've
found anything.  Wish me luck!

Request for Answer Clarification by weedie-ga on 23 May 2003 11:46 PDT
Wishing you GOOD LUCK, as you requested.

Clarification of Answer by pafalafa-ga on 23 May 2003 13:39 PDT
Weedie-ga,

This is as close as I can come (although these do not involve
fatalities):

http://www.howie-sweeney.com/news/announce/

Child restraint case successfully settled by Howie & Sweeney, L.L.P.
In Stowell vs. Evenflo, Andy Payne was successful in obtaining a
significant confidential settlement for his client who was ejected
from a car seat and sustained debilitating brain injuries.

----------

www.ewg.org/reports/upsidedown/pdf/Exhibit_J.pdf

SARAH A. TRAXLER, Minor, by her next friend STEVEN TRAXLER, DEANNA
TRAXLER and SCOTT TRAXLER, Plaintiffs--Appellees, v FORD MOTOR COMPANY
and FORD MOTOR COMPANY OF CANADA, Defendants--Appellants, and SPALDING
AND EVENFLO COMPANIES and EVENFLO JUVENILE FURNITURE COMPANY,

COURT OF APPEALS OF MICHIGAN
September 9, 1997, Submitted
January 13, 1998, Decided


When she was two months old, Sarah Traxler
was severely injured when the automobile in which
she was a passenger was rear--ended by another
automobile. Although securely fastened in a child
restraint seat, Sarah suffered severe brain injuries
when the back of her mother's seat collapsed onto
her. In all likelihood, Sarah's physical and mental
capabilities will never develop beyond those of a 3--
year old. She and her parents sued the manufacturer
of the child restraint seat 2 and Ford, the manufacturer
of her parent's car, a 1986 Ford Tempo. Their
claims against Ford are that it was negligent in not
designing seats to withstand the forces imposed on
them in routine collisions.

----------

If you ever learn more details of the incident or lawsuit, let us know
here at Google Answers, and perhaps we can locate some additional
information for you.
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