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DiPaolo v. Black and Decker Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 15, 2009

GREGORY P. DIPAOLO AND KATHLEEN J. DIPAOLO, HUSBAND AND WIFE, PLAINTIFFS,
v.
BLACK AND DECKER (US) INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Louis H. Pollak, J.

ORDER

AND NOW, this 15th day of December, 2009, for the reasons stated in the accompanying opinion, it is hereby ORDERED as follows:

(1) Defendants' Motion in Limine to Preclude Plaintiffs' Expert Fredric M. Blum from Testifying (docket no. 22) to certain conclusions is GRANTED. Blum may not testify at trial either that (a) the workpiece DiPaolo was using at the time of the accident was bowed, or (b) a bowed workpiece caused DiPaolo's accident; and

(2) Defendants' Motion for Summary Judgment (docket no. 21) is GRANTED IN PART AND DENIED IN PART. The motion is granted as to Counts II, III, V, and VI of the complaint insofar as those counts rely on the theory that the manual for the miter saw at issue provides inadequate instructions concerning the cutting of bowed wood. The motion is otherwise denied.

20091215

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