Hunting and sporting goods present a number of serious safety risks that make manufacturers of these products susceptible to litigation. We have defended a number of these manufacturers in product liability lawsuits involving firearms, hunting stands, and exercise equipment.
Peter von Gontard, Andy Ryan, and Tim Sansone represented a client that was blamed for causing injuries to a hunter who fell from a tree while using our client’s treestand. The plaintiff hired a mechanical engineer to perform testing on the treestand and to offer an opinion on whether there was a manufacturing defect. With engineering assistance provided by our client and our retained expert engineer, we identified inappropriate shortcuts plaintiff’s mechanical engineer took during his testing that rendered his opinions unreliable. This enabled us to file a motion to strike and exclude the engineer’s opinions and testimony along with a motion for summary judgment for plaintiff’s failure to tender admissible expert testimony. The trial court granted our motions in written decisions that adopted many of the terms and phrases we used to describe the case and characterize the issues, indicating to us that our effort to clearly explain the engineering concepts succeeded and likely carried the day.
Andrew Ryan, Timothy Sansone, and Peter von Gontard recently secured a Daubert Order prohibiting plaintiff’s expert from testifying in a case involving a hunter who fell while utilizing our client’s climbing treestand.