The court concluded, "Perhaps a design defect case can be mounted without calculations to support an expert's theories, but the district court did not err in concluding that some calculations were necessary to demonstrate the feasibility of ideas." Id. In Watkins, the circuit court faulted the expert for failing to make any diagrams or calculations to demonstrate that the alternative design "would have prevented the accident without sacrificing utility." 121 F.3d at 992.
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2, 2000), the court excluded part of the expert's testimony because he "offered scant testimony concerning an engineering methodology on the issue of how to design, fabricate or install a guard that would make a machine safe but not interfere with the operation of the machine." Id. This may involve computer analyses and calculations and likely involves testing of the proposed modification. Feasibility of Suggested Modification - In alternative design cases, one of most important aspects of an expert's testimony is whether the proposed alternative design or modification is feasible and/or compatible with the underlying design. As the Court noted in Daubert, the inquiry is a flexible one. (1) whether a method consists of a testable hypothesis (2) whether the method has been subject to peer review (3) the known or potential rate of error (4) the existence and maintenance of standards controlling the technique's operation (5) whether the method is generally accepted (6) the relationship of the technique to methods which have been established to be reliable (7) the qualifications of the expert witness testifying based on the methodology and (8) the non-judicial uses to which the method has been put.
Changes occur periodically to the information in this publication. This publication, 1113065, applies to Raymond Model 4450 Sit-Down Counterbalanced Lift Trucks.
Raymond 112 operator manual manual#
Maintenance Manual Model 4450 Sit-Down Counterbalanced Lift Truck With The ACR System ™
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