2nd Circ. Nixes ATV Transmission Defect Suit

Law360, New York (August 25, 2011, 3:02 PM EDT) -- The Second Circuit ruled Thursday that Scottish citizens suing over a 2005 all-terrain vehicle accident failed to establish a design defect claim against BorgWarner Inc. and backed the dismissal of the case against Recreative Industries Inc. on inconvenient forum grounds.

The three-judge panel agreed with a ruling in New York federal court that BorgWarner didn't place the allegedly defective transmission into the stream of commerce. Plaintiffs James and Lisa Ann Emslie contend that a flaw in the ATV's transmission at least partially caused the accident in...
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