McKendall
McKendall v. Crown Control Corp.
Opinion
Lead Opinion
Fletcher, J.
Donovan McKendall (“McKendall”) sued the manufacturer of a forklift known as a “stock picker” for injuries incurred when a sofa fell on him while he was operating the forklift. He appeals the district court’s grant of summary judgment in favor of Crown Control Corporation (“Crown”). The district court granted summary judgment after concluding it would exclude, as scientifically unreliable, the proposed testimony of McKendall’s product design expert, because McKendall failed to show that the expert’s testimony was based on sound scientific principles. We have jurisdiction under 28 U.S.C. § 1291 and we reverse and remand.
I. Factual Background & Procedural History
McKendall was operating the stock picker on his job at Levitz Furniture Company. The stock picker has a platform for the operator to stand on which rises and lowers as the cargo rises and lowers. The cargo rides on a separate platform in front of the operator’s platform, but is not separated from the operator’s area by a barrier. As McKendall was operating the stock picker, a sofa slid from the cargo area of the stock picker into the operator area, pinning his legs. McKendall fractured his right leg and injured his right…