Newell Rubbermaid, Inc. v. Raymond Corp.

While working for plaintiff, Hashman was standing in the open compartment, driving a forklift manufactured by Raymond when she either fell or stepped from the open side of the compartment. Her foot was trapped. She suffered severe injuries resulting in partial amputation. After settling Hashman's workers' compensation claim, plaintiff sought subrogation from Raymond, claiming that a design defect, failure to include a rear guard door on the forklift, caused the injuries. The district court granted summary judgment for Raymond, finding that plaintiff could not sustain a design defect claim without expert testimony and that the methods of its proposed expert were not sufficiently reliable to support the proffered opinions. The Sixth Circuit affirmed. There were at least four problems with the expert's methodology: anecdotal evidence, improper extrapolation, failure to consider other possible causes, and lack of testing. Although plaintiff could argue a "consumer expectations" theory without expert testimony, there was insufficient evidence to support the claim. View "Newell Rubbermaid, Inc. v. Raymond Corp." on Justia Law