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MALBROUGH v. CROWN EQUIPMENT CORP.

No. 04-30118.

392 F.3d 135 (2004)

Trudy MALBROUGH, Plaintiff-Appellee, v. CROWN EQUIPMENT CORP., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 23, 2004.

Attorney(s) appearing for the Case

Michael Scott Harper (argued), Harper Law Firm, Lafayette, LA, for Plaintiff-Appellee.

Timothy J. McNamara, Onebane Law Firm, Lafayette, LA, Thomas J. Cullen (argued), Goodell, DeVries, Leech & Dann, Baltimore, MD, for Defendant-Appellant.

Before GARWOOD, JOLLY and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Trudy Malbrough suffered a crippling injury while operating a forklift manufactured by Crown Equipment Corporation. She brought suit against Crown under the Louisiana Products Liability Act ("LPLA") alleging a defect in the design of the forklift. Crown filed a motion in limine to exclude Malbrough's expert witness on the design defect issue. The district court granted the motion to exclude...

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