In a recent products liability case, a plaintiff alleged that he was injured when he fell 25 feet from a tree while installing a tree step. Defendants, who manufactured and distributed the tree steps, didn’t dispute that the tree step broke or that there was an inclusion in it. However, they argued that the tree step wouldn’t have broken if it had been fully installed. To support this contention, they pointed to the testimony of their own experts on this point.
U.S. District Judge Elizabeth K. Dillon was asked to consider Defendant’s expert opinions regarding topics other than engineering, including opinions concerning the warnings and instructions associated with the tree step, the tree harness, and their warnings.