United States First Circuit

In plaintiff's products liability action against manufacturers and retailers of a power saw that severed his three fingers when his hand came into contact with the saw's unguarded blade, district court's grant of summary judgment in favor of defendants is vacated and remanded where: 1) district court's denial of motion to remand is affirmed as a procedural defect existing at the time of removal but cured prior to entry of judgment does not warrant reversal and remand of the matter to state court; and 2) district court's exclusion of plaintiff's expert testimony is reversed as the circumstances of the case did not justify such a sanction.

Appellate Information

• Decided 12/30/2009
• Published 12/30/2009

Judges

• HOWARD, Circuit Judge., Before LIPEZ and HOWARD, Circuit Judges, and WOODCOCK,District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas More Dickinson, with whom Law Office of Thomas M. Dickinson was on brief, for appellant.


• For Appellees:
  
• C. Russell Bengtson, with whom Carroll Kelly & Murphy was on brief, for appellees.