131445P.pdf   04/03/2014  Athena Bachtel  v.  TASER International, Inc.
   U.S. Court of Appeals Case No:  13-1445
   U.S. District Court for the Eastern District of Missouri - Hannibal   
   [PUBLISHED] [Murphy, Author, with Loken and Smith, Circuit Judges] 
   Civil case - Products liability. Plaintiff's decedent died of cardiac 
   arrest after being tasered by defendant's product, and she brought this 
   action alleging failure to warn and defective design; regarding 
   plaintiff's claim for strict liabilty for failure to warn, the district 
   court did not abuse its discretion by excluding plaintiff's expert's 
   testimony on the issue of whether a different or additional warning would 
   have altered the actions of the officer who shot the device; even if an 
   adequate warning had appeared in defendant's training materials, the 
   record established that the officer would not have heeded it, and the 
   presumption that the officer would have read and heeded a warning as to 
   the cardiac danger of firing the device at a subject's chest was 
   unavailable as a matter of law; as a result, plaintiff's failure to 
   establish that an additional warning would have altered the officer's 
   actions is necessarily fatal to her negligence claim for failure to warn, 
   and defendant was entitled to summary judgment on plaintiff's failure to 
   warn claims; plaintiff failed to present evidence that the device was 
   unreasonably dangerous as designed and defendant was entitled to summary 
   judgment on her defective design claim.