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Butts v. OMG, Inc.

United States District Court for the Southern District of Ohio, Western Division

September 11, 2014, Decided; September 11, 2014, Filed

Case No. 1:11-CV-918

Opinion

ORDER

This matter is before the Court on motions for summary judgment filed by Defendants Elastomeric Roofing Systems, Inc., Albion Engineering, Inc., OMG Roofing, Inc., and OMG, Inc. (Doc. Nos. 52, 54, 59) and motions in limine filed by Defendants Elastomeric Roofing Systems, Inc., OMG Roofing, Inc., and OMG, Inc., (Doc. Nos. 53, 56, 58). For the reasons that follow, Defendants' motions for summary judgment are well-taken and are GRANTED. Defendants' motions in limine are MOOT.

I. Background

Plaintiff Thomas Butts presents Ohio statutory products liability claims for defective design and defective warnings [*4]  against Defendants Elastomeric Roofing Systems, Inc. ("ERS"), Albion Engineering, Inc. ("Albion"), OMG Roofing, Inc. and OMG, Inc. (collectively "OMG") arising out of injuries he sustained using the SpotShot Manual Stand-up Applicator ("SpotShot Applicator") and OlyBond 500 SpotShot Adhesive ("OlyBond 500"). Additionally, Plaintiff originally asserted statutory manufacturing defect claims against the Defendants but he has now abandoned those claims at the summary judgment stage of the case. Plaintiff's wife and minor children present derivative loss of consortium claims against the Defendants. The Court has subject matter jurisdiction in this case because there is diversity of citizenship between Plaintiffs and each of the Defendants and the amount in controversy exceeds $75,000. See Doc. Nos. 96,97,98,100 (amended complaint and answers curing defective jurisdictional allegations).

A. The SpotShot Applicator and OlyBond 500

The SpotShot Applicator and OlyBond 500 together comprise a system for use in the commercial roofing industry to adhere insulation board to roofing substrates. Doc. No. 79 (proposed findings of fact) ¶¶ 2,8.

The SpotShot Applicator is essentially a large caulking gun. [*5]  OlyBond 500 is a two-part adhesive that is packaged in a twin cartridge. Within the twin cartridge, Part 1 and Part 2 of the adhesive are contained in their own individual cylinder. Squeezing the trigger on the SpotShot Applicator advances a set of pistons attached to the transfer bar. The end of each piston attaches to a plunger situated at the bottom of the cylinders for Part 1 and Part 2. The plungers then dispense Part 1 and Part 2 into a mixing nozzle located at the top of the twin cartridge in a one-to-one ratio. As the two parts advance through the mixing nozzle, they combine and react to form the adhesive that bonds the insulation board to the roofing substrate. A photograph of an exemplar of the SpotShot Applicator and the OlyBond 500 cartridge is attached to this order as Exhibit 3.

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2014 U.S. Dist. LEXIS 127380 *; 2014 WL 4628496

Thomas W. Butts, Jr., et al., Plaintiffs, vs. OMG, Inc., et al., Defendants.

Subsequent History: Affirmed by Butts v. OMG, Inc., 2015 U.S. App. LEXIS 7592 (6th Cir.), 2015 FED App. 324N (6th Cir.) (6th Cir. Ohio, 2015)

CORE TERMS

cartridge, mixing, plungers, blowback, adhesive, nozzle, minutes, cylinder, twin, manufacturer, tip, backflow, foreseeable, pounds, pistons, dispensed, Roofing, explosive, trigger, retracted, canister, shield, reacted, pulled, pinch, build-up, clogged, finger, users, installed