Chong v. STL International, Inc, et al
| Jeanie Chong |
| Costco Wholesale Corporation and STL International, Inc. |
| 3:2014cv00244 |
| February 13, 2014 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Michael H. Simon |
| Personal Inj. Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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| Document Text |
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Filing
79
OPINION and ORDER - Plaintiffs Motion to Strike the expert reports of Dr. Jeffrey Johnson (ECF 65) is GRANTED. The Johnson Report and Johnson Supplemental Report are stricken and excluded from use at trial. Further, neither Dr. Johnson nor any other witness may testify regarding the opinions expressed in Dr. Johnson's repo1ts at trial. IT IS SO ORDERED. DATED this 10th day of August, 2016, by United States District Judge Michael H. Simon. (peg)
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Filing
54
Opinion and Order - Defendants' motion for summary judgment (Dkt. 25 ) is GRANTED IN PART AND DENIED IN PART. Summary judgment is granted against Plaintiff's claims of negligence and strict product liability by failure to warn and denied a gainst Plaintiff's claim of strict product liability by design defect. The Court also notes that Plaintiff does not allege a claim of strict product liability by manufacturing defect. Defendants' motion to strike Plaintiff's expert tes timony (Dkt. 26 ) is GRANTED IN PART AND DENIED IN PART. Defendants' motion is granted with respect to the expert testimony of Hayes + Associates relating to the alternative designs incorporating the fail-safe mechanisms of either the J-shaped brace or the curved chute and denied with respect to Hayes + Associates' remaining testimony. Defendants' motion to strike the testimony of Dr. Edward W. Karnes is denied as moot. Signed on 1/25/2016 by Judge Michael H. Simon. (mja)
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