United States First Circuit

Because plaintiffs cleared the "substantial similarity" hurdle, district court's ruling, that plaintiffs' expert could not testify regarding his testing of exemplar vehicle, was reversible error; plaintiffs did not "abandon" their case when they rested, at court's direction, before proving any of the elements of their defective design claim.

Appellate Information

• Decided 04/01/2002
• Published 04/01/2002

Judges

• TORRUELLA, Circuit Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John S. Foley, with whom Mark B. Decof, Howard B. Klein, and Decof & Decof were on brief, for appellants.


• For Appellees:
  
• Gerald C. DeMaria, with whom Higgins, Cavanagh & Cooney, Richard W. Shapiro, Law Offices of Richard W. Shapiro P.L.C., Richard A. Derevan and Snell & Wilmer L.L.P. were on brief, for appellees.