Delaware Court Finds Accident Reconstructionists Qualified To Testify In Helicopter Crash Case
Posted on Oct 17, 2014 in Investigations, Transportation, Workplace Safety | Comments Off on Delaware Court Finds Accident Reconstructionists Qualified To Testify In Helicopter Crash Case
The Superior Court of Delaware recently addressed the admissibility of expert opinion proffered by accident reconstructionists in a wrongful death action involving a helicopter crash over the Gulf of Mexico. Each party challenged the other’s experts asserting that the experts were unqualified and their opinions unreliable. The court found, in large part, that the plaintiffs’ experts’...
Proposed Liability Expert Rejected In Table Saw Design Case
Posted on Oct 16, 2014 in Investigations, Product Liability | Comments Off on Proposed Liability Expert Rejected In Table Saw Design Case
The U.S. District Court for the Eastern District of New York has precluded the testimony of a plaintiff’s proposed liability expert in a case alleging that a table saw that severed part of plaintiff’s left hand was defectively designed. Adopting the magistrate judge’s recommendations, the court found that the proposed expert had testified at approximately 100 trials and had been...
Pilot Denied New Trial In New Hampshire Helicopter Crash Case
Posted on Oct 9, 2014 in Investigations, Product Liability, Transportation | Comments Off on Pilot Denied New Trial In New Hampshire Helicopter Crash Case
The pilot of a helicopter that had to conduct an emergency landing brought a suit against the manufacturers of the helicopter, the engine, and the electronic control unit (“ECU”) for defective design. The U.S. District Court for the District of New Hampshire issued an 80-page opinion last week denying the pilot’s motion for a new trial and for relief from judgment. As the court...
Expert Not Allowed To Testify That Product’s Modifications Were Made “Recently”
Posted on Oct 8, 2014 in Investigations, Product Liability | Comments Off on Expert Not Allowed To Testify That Product’s Modifications Were Made “Recently”
In 2010, a worker using a rubber injection mold press had to have his left hand amputated after having it caught while operating the press. The worker brought suit against the company who used the machine from 1995 to 2007, prior to selling it to his employer, on the grounds that this previous company had disabled the safety systems of the press. All of the experts in the case...
California Unfair Competition Law Cannot Create Additional Liability For Workplace Safety Issues
Following a catastrophic workplace incident at a plastics manufacturing plant that resulted in the death of two workers, the California Division of Occupational Safety and Health issued a number of citations to the plant owner for alleged safety violations. The local district attorney, however, in addition to filing criminal charges against the plant’s manager and maintenance...Eleventh Circuit Upholds Judgment For Car Manufacturer In Case Involving Fuel Shut-Off Switch
Posted on Sep 24, 2014 in Construction, Investigations, Product Liability, Transportation | Comments Off on Eleventh Circuit Upholds Judgment For Car Manufacturer In Case Involving Fuel Shut-Off Switch
The Eleventh Circuit affirmed a district court’s exclusion of expert witness testimony and a grant of summary judgment for a defendant car manufacturer in a wrongful death action brought by the plaintiff’s estate. The estate alleged that the car manufacturer’s failure to equip the vehicle with a fuel shut-off switch led to the plaintiff’s fatal brain injury after her car collided with...
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