Defective Products

Products liability is a significant part of the Smith Phillips practice.  Products giving rise to injuries for which Smith Phillips has successfully recovered for their clients range from defective tires and automobiles to prescription medication and pharmaceutical drugs.

Partner Briggs Smith, former chairman of the "Products Liability Committee" of the Mississippi Trial Lawyers Association, is a registered pharmacist as well as a board certified trial lawyer. Under Briggs Smith's leadership, the firm currently represents a growing number of users of defective prescription medication.

Products liability litigation is significant in Mississippi. For many years, Smith Phillips has handled major cases for personal injuries or deaths caused by defectively designed or manufactured products, recalled products, etc. Products giving rise to cases successfully handled by Smith Phillips have run the gamut, including, among many others:

  • Defective Tires
  • Circuit Breakers
  • Light junction boxes
  • Industrial presses
  • Conveyor belts
  • Electrical testers
  • Automobile transmissions ("park to reverse")
  • Automotive parts (e.g., front end ball joints)
  • Unstable Corvair vehicles
  • Utility Rollover Vehicles (such as the "Jeep CJ-5")
  • Household products
  • Farm equipment and tractors
  • Pharmaceutical Drugs
  • Baby Cribs
  • Forklifts
  • Recalls
  • And many others.

Products Liability Case Highlight

GM Verdict Nets Over $5 Million

On May 11, 1999, the Mississippi Supreme Court denied certiorari in Pegues v.General Motors, allowing a $3,329,600 jury verdict for the plaintiff to stand. The action resulted in a net recovery in excess of $5 million after interest and the 15% statutory appeal damages were added as required by Mississippi law. [See, MISSISSIPPI CODE §11-3-23]

Mississippi resident Jimmy Pegues was seriously injured in a one-vehicle accident found by the jury to be caused by a defective GM ball joint on a 1982 Chevrolet pickup. On December 8, 1998, the Mississippi Court of Appeals affirmed the verdict. In a detailed written opinion, rich in fact and law, the Court of Appeals found the verdict supported by the evidence which showed the ball joint broke before the vehicle left the road. The Court addressed a number of evidentiary issues, including admissibility of expert testimony. GM argued that the damage award was excessive, but the Court found the amount of the award supported by the evidence.

For a copy of the full opinion in Pegues v. General Motors, No. 96-CA-01333 COA, click here.

For more of the significant cases handled by the firm in the products liability field, click here.

For NEWS about Smith, Phillips' verdicts in defective tire cases, click here.