Exclusion of Evidence – Expert Testimony

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7^th Circuit Court of Appeals

Case Name: Richard A. Clark, et al. v. Sierra International Machinery, LLC

Case No.: 18-3034; 18-3141

Officials: WOOD, Chief Judge, and SCUDDER and ST. EVE, Circuit Judges.

Focus: Exclusion of Evidence – Expert Testimony

Accidents unfortunately happen on business premises with some regularity. The workers’ compensation system normally governs payments from employers to injured workers, but those workers are free to sue other parties, such as suppliers or lessors of machinery that is used on the site. That is what happened here: Richard A. Clark was badly injured as he was getting off a car crushing machine known as a mobile RB6000 Logger/Baler (“the Crusher”), which was used by his employer, Thornton Auto Crushing, LLC. He sued both the manufacturer of the Crusher, Sierra International Machinery, LLC, and the company that had leased it to Thornton, River Metals Recycling, LLC, asserting that they were liable to him under Illinois tort law because it was defectively designed. The district court granted summary judgment in both defendants’ favor after it decided to strike the testimony from Clark’s expert. Even taking the facts in the light most favorable to Clark, as we must, we conclude that the district court was correct to take this action. We therefore affirm its judgment.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.