Bloomberg Law’s combination of innovative analytics, research tools and practical guidance provides you with everything you need to be a successful litigator.
Aug. 22 — Trial is set for Sept. 19 in a failure-to-warn suit against Johnson Controls ( Martin v. Interstate Battery Sys. of N. Am., 2016 BL 268355, N.D. Okla., No. 12-cv-00184, 8/18/16 ).
Recreational fisherman George Martin alleges he was severely injured when a marine battery made by Johnson “violently exploded” on his power boat.
In a series of pre-trial rulings, plaintiffs' engineering expert Dean Jacobson was allowed to testify that the 2010 Interstate Marine RV Deep Cycle battery was defective because it lacked warnings related to charge type and electrolyte level maintenance.
But Jacobson wasn't qualified to testify as to the hypothetical warnings that Martin should have gotten in order to prevent the lead acid battery from being used with unregulated battery chargers, which allow overcharging, the U.S. District Court for the Northern District of Oklahoma said Aug. 18.
The court also allowed Martin to substitute Jacobson with colleague David Bosch as an expert witness, citing “medical reasons.”
To reduce prejudice to the defendants, Bosch's testimony will be “limited to the four-corners of Dr. Jacobson’s expert report—that is, he will not be allowed to testify beyond the scope of what Dr. Jacobson’s testimony would have been,” Judge John E. Dowdell said.
Causation testimony by defendant's engineer Joseph Liedhegner, who was to testify that the 2011 explosion was caused by an external spark source and severe overcharging, was rejected.
Liedhegner's testimony might have been appropriate if the claims were based on design or manufacturing defect, but the case turns on the appropriateness of the provided warnings, the court said.
Plaintiffs' attorneys include Levinson, Smith & Huffman.
Defense attorneys include Reed Smith.
To contact the reporter on this story: Bruce Kaufman in Washington at email@example.com
The opinion is available at http://www.bloomberglaw.com/public/document/Martin_v_Interstate_Battery_Sys_of_Am_Inc_No_12CV184JEDFHM_2016_B/1.
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 firstname.lastname@example.org.
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 email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)