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Ben Harner

Partner

St. Louis
314 552 6384 314 552 6384 direct


Ben primarily represents clients in complex product liability and other tort matters, often defending designers, manufacturers, and distributors against high exposure product defect and warnings claims.  

He has assisted clients in achieving successful outcomes—whether through early case resolution, motion practice, or trial—in cases involving, among other products:

* Automobiles

* Automotive Components

* Motorcycles

* ATVs

* Industrial Machinery

* Power Tools

* Consumer Products

* Medical Devices

His work in these cases covers all phases of litigation, from initial claim investigation and assessment through trial. He regularly collaborates with subject matter experts to understand the product and injury at issue and formulates innovative and practical strategies to efficiently meet client goals.

In addition to litigating cases in both state and federal trial courts, Ben has drafted and prepared appellate briefs. He also advises clients on issues of product safety, compliance with applicable standards, and implementing safety measures.

Outside of his product liability and tort practice, Ben represents clients in commercial disputes and business litigation, has assisted in environmental matters (related to litigation, regulatory, and permitting issues), and has worked with and defended railroad and maritime clients.

Vincent and Kimberlee Kluge v. American Honda Motor Co., Inc.
[Circuit Court of St. Louis County, Missouri]

Defense verdict on design defect claims alleging that the occupant safety system (airbag, seat belt, and front crash sensors) failed to operate systematically in an automobile crash, resulting in Plaintiff sustaining a permanent quadriplegic injury. Plaintiffs asked the jury for $30 million.

Gebhardt v. American Honda Motor Co., Inc. and Honda of South Carolina Mfg., Inc.
[Missouri Court of Appeals for the Western District]

Missouri Court of Appeals affirmed the trial court's order granting the defendants' motion to exclude plaintiff's mechanical engineering expert and motion for summary judgment arising out of a claimed defective ATV design.

Miravalle v. One World Technologies, Inc. d/b/a Ryobi and Ryobi Power Tools
 [United States District Court, Eastern District of Missouri]

Federal District Court granted defendant's motion to exclude plaintiff's mechanical engineering expert and motion for summary judgment arising out of claimed defective design of table saw.

Condiff v. Genesis Marine, LLC, et al.
[Circuit Court of Third Judicial Circuit, Madison County, Illinois]

Summary judgment in maritime case (Jones Act, unseaworthiness, and maintenance and cure) addressing statute of limitations and complex equitable tolling arguments.

Thompson Coburn Publications

Missouri Court of Appeals Provides Additional Guidance on the Admissibility of Expert Testimony

Missouri Supreme Court clarifies meaning and application of co-employee immunity statute

Changes to Missouri discovery rules made official by Missouri Supreme Court

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

Publications

A Look At Missouri’s Expert Witness Statute Five Years After Adopting FRE 702
MODL Quarterly Report Fall 2022

Maritime Torts (Chapter 11)
Missouri Tort Law, Maritime Torts (Chapter 11), 4th Ed., The Missouri Bar 2016