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David S. Osterman and Michael D. Shalhoub, Goldberg Segalla, LLP, won a victory before the U.S. Court of Appeals for the Second Circuit that affirmed a  trial court victory won for Textron Inc. in a product liability action involving quadriplegia injuries and a plaintiff’s multimillion-dollar demand. The plaintiff, 18 years old at the time of the accident, was injured while operating a golf car at a golf course on Staten Island. He alleged that the golf car’s two-wheel braking system was defectively designed in that it could lead to “yaw instability” under the circumstances of the accident. The plaintiff’s product liability claims sounded in design defect, negligence, breach of implied warranty, and inadequate warnings.


Based on a Daubert motion, the U.S. District Court for the Eastern District of New York conducted an extensive Daubert hearing at which the plaintiff’s experts testified. In March 2013, the court rendered a detailed opinion, which excluded the opinion testimony (and simulations) of the plaintiff’s experts and, furthermore, granted summary judgment in favor of Textron.


Congratulations, David and Mike!

Do you have a triumph to share? Send a brief summary and a recent photograph to David Fuqua at dfuqua@fc-lawyers.com


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