Category: Human Factors Expert Witness
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Human Factors Expert Witness’ Opinions About Tripping on the Raised Fuel Pump Excluded
On November 30, 2022, Plaintiff, Cynthia Burgett, was at the Hy-Vee Fast & Fresh convenience store in Prairie Village, Kansas, to purchase gas. The gas station’s fuel pump islands are shaped like an “H” and also referred to by the parties as a “dog bone” shape. The fuel pump islands are elevated above the parking…
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Human Factors Expert Witness’ Ergonomics Analysis Not Fully Excluded Despite Alleged Lack of Testing
Stephen Ratcliffe has brought a lawsuit against BRP, the manufacturer, and Tidd’s Sport Shop, Inc. (Tidd’s), the dealer, of a 2019 Can-Am Maverick X3, a utility terrain vehicle (UTV), asserting negligence and strict liability claims arising out of an incident in which Ratcliffe’s Maverick X3 rolled onto its side and crushed his arm. The Plaintiff…
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Evidentiary Standard of Reliability is lower than the merits standard of correctness;Court admits the testimony of Human Factors Expert Witness regarding the adequacy of the product’s warning labels in this failure-to-warn suit
In a products liability action, Plaintiffs Timothy and Jean Moore filed a failure-to-warn lawsuit against Defendant Combe Inc., the manufacturer of the Just For Men brand of hair dye products. The Moores alleged that Combe knew or should have known that their products could cause vitiligo and/or skin depigmentation but failed to adequately warn users…
