Burley v. Kytec Innovative Sports Equipment, Inc.

KONENKAMP, Justice.

[¶ 1.] Plaintiff was injured when a sports product manufactured by defendant malfunctioned and struck her arm. She brought suit against defendant alleging negligence, strict liability (defective design), and strict liability (failure to warn). Defendant moved for summary judgment on all claims and also sought to prohibit the testimony of her proposed expert witness. On finding that plaintiffs expert was not qualified to testify that the instructions provided with defendant’s product were inadequate, the circuit court excluded the testimony. The court then granted…