DANNY CRAWFORD, BETTY ANN CRAWFORD, Plaintiffs-Appellees, versus ITW FOOD EQUIPMENT GROUP, LLC, Defendant-Appellant., 977 F.3d 1331
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Summary
HOLDINGS: [1]-In a products liability action alleging negligent design defect, the district court properly rejected defendant's Daubert challenge to the admissibility of the testimony of plaintiff's expert regarding the design of defendant's meat saw and his alternate design using an auto-deploying blade guard because defendant did not challenge the expert's qualifications and did not seriously challenge the reliability of his testimony except with respect to testing, and the expert adequately tested his alternate design; [2]-Admission of the expert's supplemental affidavit was not an abuse of discretion in light of defendant's sparse challenge on appeal and the absence of evidence that defendant was prejudiced by surprise or impairment of ability to prepare; [3]-There was sufficient evidence to satisfy Florida's risk utility test and support a verdict of negligent design.