Bielskis v. Louisville Ladder, Inc.

Dist. Ct. did not err in granting defendant-manufacturer's motion for summary judgment in product liability action alleging that defendant's scaffold was defective after Dist. Ct. had previously granted defendants' motion to bar opinion of plaintiff's expert as being unreliable under Daubert standards. Expert's opinion as to cause of caster break that resulted in collapse of scaffold was based on only one-hour, naked-eye examination of broken scaffold, and expert further failed to test his own design alternatives. Dist. Ct. also did not abuse its discretion in denying plaintiff's continuance motion to obtain substitute expert where discovery had been closed at time of request. Finally, Dist. Ct. did not err in granting summary judgment motion where plaintiff had failed to show that scaffold was defective at time it left defendant's control.