Human Factors Experts Not Qualified To Opine On Design Defects, District Court for Northern Georgia Says

ByZach Barreto

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Updated onJanuary 7, 2022

Court: United States District Court for the Northern District of Georgia, Gainesville Division
Jurisdiction
: Federal
Case Name
: Vazquez v. Raymond Corp.
Citation
: 2019 U.S. Dist. LEXIS 5355

In this product liability action, the plaintiff sought to hold defendants, Raymond Corporation and Carolina Handling, responsible for injuries he sustained in a forklift accident in Georgia.

At the time of the accident, the plaintiff was using the 4250 forklift to pick up a full pallet of tires. He was traveling tractor first (or “forks trailing”) when he turned to speak with another employee while the forklift was still moving. When he did so, he lost control of the forklift and crashed into a metal column. The plaintiff’s left foot was crushed because it was outside of the operator compartment at the time of the collision.

The plaintiff retained an expert whose testimony the defendants promptly moved to exclude. The defendants contended that the expert should not be allowed to testify because he lacked the necessary qualifications and because his opinions were unreliable.

The Expert Witness

The plaintiff’s expert had a bachelor’s and a master’s degree in industrial engineering and a Ph.D. in mechanical engineering. He taught courses dealing with human factors, engineering design and analysis, and human interaction with machinery at both the undergraduate and graduate levels. The expert had served as an expert witness in numerous cases and offered opinions concerning human reaction time and the viability of warnings.

Held

The defendants’ motion to exclude the testimony of the expert was granted in part and denied in part.

The court held that the expert was qualified to testify as a human factors and warnings expert. However, it found that the expert was not qualified to offer opinions regarding design defects because he had no training, education, or experience designing forklifts or similar products. He was not and had never been a member of any committee that authors safety standards for stand-up forklifts and he had never been employed by or consulted by forklift manufacturer. He had done no independent work, tests, surveys, or photography, to support his opinion.

About the author

Zach Barreto

Zach Barreto

Zach Barreto is a distinguished professional in the legal industry, currently serving as the Senior Vice President of Research at the Expert Institute. With a deep understanding of a broad range of legal practice areas, Zach's expertise encompasses personal injury, medical malpractice, mass torts, defective products, and many other sectors. His skills are particularly evident in handling complex litigation matters, including high-profile cases like the Opioids litigation, NFL Concussion Litigation, California Wildfires, 3M earplugs, Elmiron, Transvaginal Mesh, NFL Concussion Litigation, Roundup, Camp Lejeune, Hernia Mesh, IVC filters, Paraquat, Paragard, Talcum Powder, Zantac, and many others.

Under his leadership, the Expert Institute’s research team has expanded impressively from a single member to a robust team of 100 professionals over the last decade. This growth reflects his ability to navigate the intricate and demanding landscape of legal research and expert recruitment effectively. Zach has been instrumental in working on nationally significant litigation matters, including cases involving pharmaceuticals, medical devices, toxic chemical exposure, and wrongful death, among others.

At the Expert Institute, Zach is responsible for managing all aspects of the research department and developing strategic institutional relationships. He plays a key role in equipping attorneys for success through expert consulting, case management, strategic research, and expert due diligence provided by the Institute’s cloud-based legal services platform, Expert iQ.

Educationally, Zach holds a Bachelor's degree in Political Science and European History from Vanderbilt University.

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