U.S. Fifth Circuit reverses verdict under the LPLA where plaintiff failed to prove – by direct evidence, with direct and specific expert testimony – that his injuries would have been more severe had the defendant’s airbag deployed in collision.

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Driver whose head hit steering wheel during collision successfully established breach of express warranty under the LPLA. The court, however, reversed the jury award on the basis that plaintiff failed to satisfy the “proximate causation” requirement that “he sustained more severe injuries than he would have received if the air bag had deployed.” Curiously, the Court found expert testimony that …

Fifth Circuit rules that expert testimony is not required in defective design case against forklift manufacturer.

In What's New in Product Liability Law?, What's New in the Courts by gravierhouseLeave a Comment

The plaintiff was injured while operating a Crown “stand-up” forklift when, in an effort to avoid a collision with another forklift, she applied her brakes, causing her left foot to swing out of the unenclosed operator compartment, where it was crushed between the two machines as they collided. She brought suit against Crown under the LPLA, claiming that the lack …