Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Aug. 1 — Would a jet ski passenger have escaped serious injury if a graphical warning had been placed on the passenger seat of a Yamaha VXS WaveRunner instead of on the body of the watercraft? ( Hickerson v. Yamaha Motor Corp., U.S.A., 2016 BL 246167, D.S.C., No. 8:13-cv-02311, 7/29/16 ).
Mechanical engineer Anand Kasbekar thinks so, and sought to testify in a trial set for September that alternative warnings would have averted plaintiff Deborah Hickerson's horrific injuries after she was thrown off the craft and landed in the path of a high-pressure water jet thrust.
But Judge J. Michelle Childs of the U.S. District Court for the District of South Carolina disagreed, and rejected the proposed expert testimony in a suit against manufacturer Yamaha Motor Corp.
Not only has Kasbekar “not tested his proposed alternative warning system, but also he provides no specific relevant research or studies—in neither his deposition testimony or his report—on which he relies to inform his proposed warnings system or his opinion that the [existing] warnings are ‘inadequate and insufficient,'” the court said.
Although Kasbekar has testified as an expert more than 150 times, his experience and knowledge don't overcome deficiencies in his testimony, the court said.
The expert was allowed to testify, however that a sculpted seat (as opposed to the standard seat) and a seat strap would have mitigated the plaintiff's injuries.
Hickerson was one of four riders aboard the 3-person jet ski at the time of the 2012 accident. She suffered severe and permanent orifice injuries, and required insertion of a colostomy bag.
Covington Patrick Hagins Stern and Lewis represents the plaintiffs.
Thompson Coburn represents Yamaha and related companies.
To contact the reporter on this story: Bruce Kaufman in Washington at firstname.lastname@example.org
The opinion is available at http://www.bloomberglaw.com/public/document/Hickerson_v_Yamaha_Motor_Corp_USA_No_813cv02311JMC_2016_BL_246167.
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)