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McKENDALL v. CROWN CONTROL CORP.

No. 95-56657.

122 F.3d 803 (1997)

Donovan McKENDALL, Plaintiff-Appellant, v. CROWN CONTROL CORP., Crown Corporation, Defendant-Appellee. The TRAVELERS INSURANCE COMPANY, INC., Plaintiff-in-Intervention, v. CROWN EQUIPMENT CORPORATION, dba Crown Lift Trucks, Defendant-in-Intervention.

United States Court of Appeals, Ninth Circuit.

Decided August 8, 1997.

Attorney(s) appearing for the Case

Norman W. Alshuler, Encino, CA, for Plaintiff-Appellant.

Eric A. Amador, Bronson, Bronson & McKinnon, Los Angeles, CA, for Defendant-Appellee.

Before: FLETCHER and PREGERSON, Circuit Judges, and WEXLER, District Judge.

FLETCHER, Circuit Judge:

Donovan McKendall ("McKendall") sued the manufacturer of a forklift known as a "stock picker" for injuries incurred when a sofa fell on him while he was operating the forklift. He appeals the district court's grant of summary judgment in favor of Crown Control Corporation ("Crown"). The district court granted summary judgment after concluding it would exclude, as scientifically unreliable, the proposed testimony of McKendall's product design...

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