· 2/13/2008
Humphrey v. Diamant Boart, Inc.
Citations
- 556 F. Supp. 2d 167
- 2008 U.S. Dist. LEXIS 10760
- 2008 WL 413801
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding Dr. Ketchman qualified despite his lack of expertise with the particular product at hand
- “testing is not required to establish feasibility if the expert can point to an existing design in the marketplace, which Ketchman in fact did”
- finding summary judgment on adequacy of warning inappropriate where Plaintiff “contends, through his expert, that the warnings . . . did not conspicuously state the hazards associated with the saw, including tooth separation/fracture and kickback”
- “[Pjlaintiffs [failure to warn] claim here is not limited to the loosening of the guard blade in isolation; rather, it is also based on the failure to adequately warn that the carbide-toothed blade was not recommended and could cause kickbacks.... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Joseph F. Bianco
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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