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Keywords

plaintiffnegligenceliabilitytrialtestimonymotionsummary judgmentproduct liabilityseizuremotion for summary judgmentadmissibility

Related Cases

Rich v. Taser Intern., Inc., Not Reported in F.Supp.2d, 2012 WL 1080281

Facts

Dr. Randy Rich, a physician, suffered a seizure while driving and was subsequently tased by Officer Loren Lazoff after failing to comply with commands to exit his vehicle. Despite being tased multiple times, Dr. Rich was later pronounced dead at the hospital. The plaintiffs filed a complaint against TASER, alleging negligence and strict product liability due to inadequate warnings regarding the risks associated with the use of their TASER Model X26.

Dr. Randy Rich, a physician, suffered a seizure while driving and was subsequently tased by Officer Loren Lazoff after failing to comply with commands to exit his vehicle.

Issue

The main legal issues include whether the expert testimony regarding the cause of death is admissible and whether TASER is liable for negligence and strict product liability due to inadequate warnings about the risks of using their product.

Rule

Under Nevada law, to establish strict products liability, a plaintiff must show that the product was defective and unreasonably dangerous, that the defect existed at the time the product left the manufacturer, and that the defect caused the plaintiff's injury. Additionally, expert testimony must be relevant and reliable under the Daubert standard.

Analysis

The court evaluated the admissibility of expert testimony from Dr. Engel, Dr. Wogalter, and Dr. Zipes. It found that Dr. Engel's testimony was not reliable as he lacked qualifications regarding the cause of death, while Dr. Wogalter's opinions were deemed unhelpful and confusing to the jury. Conversely, Dr. Zipes' testimony was allowed as it provided a reliable basis for establishing a link between the TASER device and Dr. Rich's cardiac arrest.

Conclusion

The court denied TASER's motion for summary judgment, allowing the case to proceed to trial, and excluded the testimonies of Dr. Engel and Dr. Wogalter while admitting Dr. Zipes' testimony.

Who won?

The plaintiffs prevailed in the sense that the court denied TASER's motion for summary judgment, allowing their claims to proceed. The court found sufficient evidence to suggest that a jury could reasonably conclude that the TASER device contributed to Dr. Rich's death.

The plaintiffs prevailed in the sense that the court denied TASER's motion for summary judgment, allowing their claims to proceed.

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