 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Copeland v. Stebco Products Corp.9/29/2000
ith several surgical procedures and she experiences a permanent loss of depth perception and field of vision, and the vision in her injured eye corrected is only 20/200.
Dennis Brickman, a mechanical engineer, was plaintiff's expert witness. At trial Brickman testified that the luggage carrier is unreasonably dangerous because the bungee cord can achieve a release geometry, which can contact or strike the user in the face. He testified that he had performed tests or experiments to demonstrate the release geometry where the bungee cord hook could release from the bottom of the cart and have a rebound path up toward the user.
In August 1995, Brickman made a videotape after plaintiff demonstrated how she used the luggage cart at the time that she was injured. Despite not recalling all the details of the accident, plaintiff indicated that she was pulling the bungee cord upwards when the hook on the bottom came off and struck her in the eye. The purpose of Brickman's video was to demonstrate the various ways that release or escape geometry could occur involving the bottom hook. The escape geometry, in turn, helped Brickman explain how the hook could separate from the bottom portion of the luggage cart, project into the air, and strike a user. The video contained eight demonstrations of escape geometry illustrating the different ways the bungee cord hook could separate from the bottom rung of the cart.
Brickman gave his discovery deposition in May 1998, during which defense counsel questioned Brickman about his videotaped demonstrations. At trial on cross-examination Brickman testified as to work that he did after his deposition, including additional tests and measurements that were not disclosed to the defendant before Brickman's trial testimony. Defense counsel objected to Brickman's answers to his cross-examination because the answers revealed that Brickman had undertaken additional testing and measurements as well as produced a videotape since his deposition, none of which had been disclosed to defense counsel. The defense made a motion for mistrial.
Counsel for plaintiff explained that Brickman had performed additional tests and measurements and made an additional videotape after Stebco's expert's deposition. The additional testing and measurements by Brickman were undertaken because Stebco's expert criticized Brickman on the issue of whether Brickman had successfully achieved a release of the bungee cord while keeping the cord within the vertical confines of the handle. However, since Stebco's expert died before giving an evidence deposition, counsel for plaintiff did not question Brickman during direct examination regarding the additional demonstration, measurements, tests and videotape.
The court ruled that the testimony regarding subsequent testing would be stricken with respect to pulling the cord up. The court refused to strike the testimony regarding the new angle measurements, but barred any use of the undisclosed videotape. The court concluded that the expert could testify that escape geometry could be achieved by pulling the cord through the handle, but not that he did further tests. The court stated that Brickman would be prevented from stating any other opinions based upon the undisclosed additional testing and from using the tape. The defense motion for mistrial was denied.
At the close of the evidence, the trial court directed a verdict in favor of the plaintiff and against the defendant on the affirmative defense of assumption of risk. The trial court also ruled that defendant had no duty to warn. The jury was instructed solely on the theory of strict liability for the defective design of the luggage cart. During closing argumen
Page 1 2 3 4 5 6 7 8 9 10 11 12 Illinois Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|