Lackey v. Robert Bosch Tool Corporation et al
| Carl Lackey |
| Robert Bosch Tool Corporation, Lowe's Companies, Inc., Lowe's Home Centers, LLC and LG Sourcing, Inc. |
| 7:2016cv00029 |
| March 8, 2016 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Knott |
| Candace J. Smith |
| Amul R. Thapar |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1441 |
| Both |
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Filing
65
MEMORANDUM OPINION AND ORDER: (1) Lackey's motion to exclude the warnings testimony of Richard Otterbein, R. 52 , is DENIED. (2) Bosch Tool's motion to exclude testimony of Dr. Nancy Grugle, R. 58 , is GRANTED IN PART and DENIED IN PART. Dr. Grugle may testify about human-factors analysis and how it informs the design of product safety warnings. But Dr. Grugle may not testify that (a) warnings that accompanied the SkilSaw 3310 were inadequate or defective or (b ) the inadequacy of those warnings contributed to Lackey's injury. (3) Bosch Tool's motion to exclude testimony of Les Winter, R. 58 , is GRANTED IN PART and DENIED IN PART. Winter may testify as to his opinion that the Ski lSaw's rip fence can shift during use, causing binding. However, Winter may not testify that the rip fence was defectively designed or unreasonably dangerous. Nor may he testify that the condition of the rip fence remained unchanged between time of accident and his inspection. (4) Bosch Tool's motion to exclude testimony of Lawrence Lynch, R. 58 , is GRANTED. Signed by Judge Amul R. Thapar on 1/12/2017. (RCB)cc: COR
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