Eighth Circuit Upholds Exclusion of Design Defect Testimony

Engineers testifying to design defects in forklifts and similar devices often meet an unhappy fate. The Eighth Circuit has contributed to this trend, upholding the exclusion of testimony from an engineer who opined that a stand-up lift truck should have incorporated safety restraints and/or warnings. The appellate courts seem particularly keen on the idea that engineers should actually ride these things, before criticizing their design -- a concept that enjoys far less currency in defective design suits involving other vehicles (e.g., automobiles).

A synopsis of the decision in Anderson v. Raymond Corp., No. 02-3393 (8th Cir. Aug. 13, 2003) (Bowman, Riley & Melloy, JJ.), and a link to the opinion, can be found here.