Banda

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAVIER BANDA, et al., Case No. 18-cv-05329-JCS Plaintiffs, 8 v. ORDER RE DAUBERT MOTIONS 9 HERC RENTALS, INC., et al., Re: Dkt. Nos. 68, 70, 71, 72 10 Defendants.

12 I. INTRODUCTION This action arises out of an incident that occurred on August 22, 2017, when Plaintiff Javier Banda, a journeyman employed by Vulcan Construction & Maintenance, Inc. (“Vulcan”) was seriously injured by a backhoe that slid or rolled backwards into a trench, resulting in an above-the-knee amputation of Banda’s right leg. Javier Banda and his wife assert product liability claims against the company that manufactured the backhoe, John Deere (“Deere”), and the company that rented the backhoe to Vulcan, Herc Rentals, Inc. (“Herc”), including claims that the backhoe had design defects and that Defendants failed to provide adequate warnings. Presently before the Court are the following motions to exclude expert testimony under Rule 702 of the Federal Rules of Evidence:…