DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193637P.pdf 07/20/2021 Jeffrey McMahon v. Robert Bosch Tool Corp.
U.S. Court of Appeals Case No: 19-3637
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Kelly and Erickson, Circuit Judges]
Civil case - Products liability. In action alleging the auxiliary handle
on defendant's hand-held spiral saw was defectively designed, the district
court did not abuse its discretion by barring the testimony of plaintiff's
expert witness on the saw's alleged design defects as the testimony lacked
relevance because it did not fit the facts of the case; plaintiff did not
meaningfully argue in his brief his claim that the saw was defective for
not having an interlocking safety measure, and points not meaningfully
argued are waived; even if the issue was not waived, the district court
did not err in concluding the expert's testimony on alternative-design
options was not reliable and should not be admitted; the district court
did not err in granting defendant summary judgment on plaintiff's claims
of strict liability, negligent design, negligent failure to warn and
negligent supply of a dangerous instrumentality.