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Personal Inj. Prod. Liability | Kentucky Eastern
Order
OPINION & ORDER: 1) The Court GRANTS DE 94 in part. a. 3M is entitled to summary judgment on Plaintiffs' manufacturing defect theory and breach of warranty claim. b. The other theories supporting Plaintiffs' product liability and neglige nce claims persist, as do Plaintiffs' punitive damages and loss of consortium claims. 2) The Court GRANTS DE 95 in part. a. Any of Harris's opinions regarding respiratory protection products and causation are excluded.3) The Court GRANTS DE 96 in part; a. Any of Price's efforts to quote directly from Coffey and Johnson are excluded. 4) The Court GRANTS DE 97 on terms.a. Any of Spadaro's opinions concerning the design and suitability of respirators are excluded. 5) The C ourt GRANTS DE 98 on terms. a. Any of Crum's testimony regarding respirators, respirator defects, and mining practices is excluded. b. Any of Crum's opinions attributing Blackburns illness to exposure that occurred because of wearing 3M r espirators or otherwise tying his disease to the performance of those respirators are excluded. c. Any of Crum's opinions relating to the progression and cause of Blackburns condition that exceed the scope of his report are excluded. 6) The Cour t GRANTS DE 99 in part. a. Any of Weiss's opinions on the specific medical cause of Blackburn's disease or on the specific cause or mechanics of CWP more generally are excluded.b. Weiss's opinion that any mine worker who contracts CW P was necessarily exposed to levels of dust that exceeded mandatory limitations is excluded.c. Any of Weiss's testimony regarding the ultimate liability of Blackburns employers is excluded, though he may opine regarding safety duties.7) The Court DENIES DE 101 . Signed by Judge Robert E. Wier on 6/27/26.(MRS)cc: COR
Personal Inj. Prod. Liability | Kentucky Western
Notice (Other)
NOTICE of Appearance; Notice of Withdrawal and Substitution by Amazon.com Services, LLC (Wetton, Lucas)
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