McKendall

McKendall v. Crown Control Corp.

Good Law
122 F.3d 803·97 Daily Journal DAR 10329·1997 WL 448265·47 Fed. R. Serv. 1·62 Cal. Comp. Cases 1100
United States Court of Appeals for the Ninth CircuitAugust 8, 1997No. 95-56657California2,525 words

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…

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