Law Help Needed

Question

Whirring Co., a Delaware corporation, is the manufacturer of a combination juicer and blender called the Blaster, which blends fruits and vegetables into drinks. The unique technology that allows it to both juice and blend depends on extremely sharp blades which rotate at a very high speed.

In June, Jillian, a New York City resident, purchased a Blaster from Sur La Casa, a Delaware corporation. She regularly used the Blaster according to the instructions. In November, Tracy came to have brunch with Jillian. Jillian was excited to show off her Blaster and made Tracy a spinach and pineapple smoothie. Tracy was enjoying the drink when he felt a sharp pain in his mouth. Bleeding heavily, Tracy was rushed to the emergency room where he needed 60 stitches inside his mouth. Upon returning to Jillian’s, they discovered that pieces of the Blaster blades were in the smoothie.

Jillian later discovered that the blades from the Blaster machines tended to break off after repeated usage. Whirring had tested the blender during the manufacturing process but did not detect the problem, which was caused by the company’s decision to use the most inexpensive steel available for the blades. Over 500 other Blaster users had similar injuries to those sustained by Tracy. Tracy wants to sue for $1 million dollars in damages for his injuries.

In your essay, please discuss all of the following issues:

A.  How could Whirring Co. protect its “juice and blend” technology from being used by other manufacturers?

B.   Who can Tracy sue under a Strict Product Liability claim?

C.  Assume that Tracy lives on your block and you are his attorney. How does Tracy begin his lawsuit? Advise Tracy as to what courts he may choose to sue in and what papers are needed to start the lawsuit.

D.  Advise Tracy about how information will be gathered from Whirring to support his case. What kind of information would be requested?

E.  What will Tracy have to show to support his claim?

Answer 1

A.  How could Whirring Co. protect its “juice and blend” technology from being used by other manufacturers?

Whirring Co. could protect its “juice and blend” technology by using a combination of Trade Secrets, Design Patents, and Utility patents.

B.   Who can Tracy sue under a Strict Product Liability claim?

Tracy v. Whirring Co., and Sur La Casa

Tracy can sue both the manufacturer and the seller, Whirring Co., and Sur La Casa.

C.  Assume that Tracy lives on your block and you are his attorney. How does Tracy begin his lawsuit? Advise Tracy as to what courts he may choose to sue in and what papers are needed to start the lawsuit.

Tracy begins his lawsuit by hiring me as his representing attorney. I will research the law and precedent cases in order to decide which courts are the best place to start. Tracy can file a civil complaint to the New York district court. Tracy can file the federal state district court unless the damage amount exceeds $75,000.

Tracy, New York City resident

Sur La Casa, a Delaware corporation

Whirring Co., a Delaware corporation

E.  What will Tracy have to show to support his claim?

Tracy would have to show her harm, injuries, and loss including economic damages and non-economic damages. It includes the evidence to support the related medical expenses, loss of salaries, pain, and suffering.