Roman v. Western Manufacturing, Inc.

A jury found defendant liable to plaintiff under the Louisiana Products Liability Act, La. Rev. Stat. 9:2800.54, for injuries caused by a defect that rendered one of its stucco pumps unreasonably dangerous. The central disputes on appeal were whether the theories offered by plaintiff's experts met the standards for scientific reliability under the Federal Rules of Evidence and whether the jury's imposition of liability for a defect in "construction or composition" of the pump could stand. The court held that none of the expert evidence was improperly admitted and that there was no basis to set aside the jury's finding of a defect under Section 9:2800.55. The court considered the comparative fault challenges, plaintiff's Rule 50 motion on a design defect under Section 9:2800.56, and finally, explained why the increase in the medical award was appropriate. Accordingly, the court affirmed the judgment on the jury verdict as modified by the district court. View "Roman v. Western Manufacturing, Inc." on Justia Law