Tag: design defect
-
Electrical Engineering Expert Witness’ Testimony Admitted Despite Lack of Independent Testing
Raytheon Company (“Raytheon” or “Plaintiff”) is a large, international military and defense contractor holding several prime contracts with the United States Government. At their Fairdale location Raytheon maintains, stores, and services multiple mobile charging stations and storage locations for lithium-ion battery boxes (“LBBs”). The LBB’s were designed and manufactured by Saft but owned by the…
-
Firearms & Ballistics Expert Witness’ Testimony About the Unintentional Discharge Excluded
Plaintiff Michael Colwell alleged that a Sig Sauer P320, which he was issued in connection with his duties as a police officer in Troy, New York, discharged during a police training exercise even though Plaintiff never touched the trigger. Plaintiff testified that he put the gun in his holster during the exercise and was starting…
-
Court excluded the testimony of Civil Engineering Expert Witness citing lack of baseline qualifications and unsupported alternative design theory
Plaintiff Jorge Martins brought a products liability action against Defendants, The Sherwin-Williams Company (Sherwin-Williams) and Anixter Inc.The Plaintiff, a welder and mechanic employed at a power plant, suffered significant injuries, including the loss of his right eye, when a can of aerosol spray-paint primer exploded in his face while he was painting a fabricated steel…
-
Court rejects the Firearms Expert Witness’ conclusions with regard to the possibility of the revolver firing without a trigger pull in product liability case
Freedom Arms manufactured the Model 83 Revolver, a single-action handgun firing a .454 Casull cartridge, designed for defense against large animals. This revolver incorporated a manual safety feature to prevent accidental discharge. The accompanying manual, available online or through various channels, contained numerous warnings against mishandling and provided explicit instructions on using the safety features.…
