District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts.

In this product liability action, the trial court granted in part and denied in part the defendants’ motions to preclude the plaintiff’s experts. This case involved an allegedly defective lift gate on the rear of a truck trailer. The court permitted the plaintiff’s biomechanical expert to rely on international safety standards not applicable to the lift gate at issue; the expert was not opining that the lift gate failed to meet those standards, but was simply using those data points, among…
By: Marshall Dennehey
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In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the Exercise of Ordinary Care is Generally a Question of Fact Reserved for the Jury.