Goodell DeVries Obtains Successful Daubert Ruling and Summary Judgment for Forklift Manufacturer

By: GDLD | 5.26.13 | Case Results

On May 24, 2013, the United States District Court for the District of New Jersey granted a Daubert motion and then a summary judgment motion filed by Thomas J. Cullen, Jr. and Kali Enyeart Book on behalf of Crown Equipment Corporation.  In Dymnioski v. Crown Equipment Corporation, Plaintiffs sought damages associated with a serious leg injury sustained while operating a Crown stand-up rider forklift.  Plaintiffs proffered a mechanical engineer to offer the theory that the forklift was defective because of its open operator compartment design and because Crown did not include a prevention algorithm in the design of the brakes.  United States District Judge Anne E. Thompson granted the Daubert motion, holding that the expert was not qualified to render the opinions he proffered, and that his testimony was unreliable.  Based on that ruling and the resultant absence of expert testimony for Plaintiff, Judge Thompson granted summary judgment.