Pitts v. Terex Corporation

S-18-0219, Trevor Pitts and Rebekah Pitts (Appellants) v. Genie Industries, Inc. (Appellee)
District Court of Lancaster County, Judge Darla J. Ideus
Attorneys: Peter C. Wegman, Mark R. Richardson, Alyssa P. Martin (Rembolt Ludtke L.L.P.) and John W. Ballew, Jr. (Ballew Hazen P.C., L.L.O.) (Appellants) --- Michael F. Coyle, Timothy J. Thalken (Fraser Stryker P.C., L.L.O.) (Appellees) --- Michael L. Moran (Engles, Ketcham, Olson & Keith, P.C.) (Attorney for Haco Electric Company, Inc., Appellee)
Civil: Personal injury; Strict liability; Negligence; Breach of implied warranties; Loss of consortium
Proceedings Below: Following hearing, the trial court excluded expert testimony of Appellant’s expert as to his opinions regarding unreasonably dangerous defective condition, causation, and alternative design, and entered summary judgment in favor of Appellee on all of Appellants’ claims concluding there was no genuine issue of material fact.
Issues: Whether the district court erred in 1) concluding that there was no genuine issue of material fact with respect to Appellant’s strict liability design defect claim; and, 2) concluding that there was no genuine issue of material fact with respect to Appellants’ strict liability manufacturing defect claim.