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BURLEY v. KYTEC INNOVATIVE SPORTS EQUIP.

No. 24132.

737 N.W.2d 397 (2007)

2007 SD 82

Kylie BURLEY, Plaintiff and Appellant, v. KYTEC INNOVATIVE SPORTS EQUIPMENT, INC., Defendant and Appellee. and West Central School District, Third Party Defendant.

Supreme Court of South Dakota.

Decided August 1, 2007.

Attorney(s) appearing for the Case

Gary J. Pashby, Michael F. Tobin of Boyce, Greenfield, Pashby, & Welk, LLP, Sioux Falls, South Dakota, Attorneys for plaintiff.

Mark J. Arndt, Scott R. Swier of May & Johnson, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Plaintiff was injured when a sports product manufactured by defendant malfunctioned and struck her arm. She brought suit against defendant alleging negligence, strict liability (defective design), and strict liability (failure to warn). Defendant moved for summary judgment on all claims and also sought to prohibit the testimony of her proposed expert witness. On finding that plaintiff's expert was not qualified to testify that the instructions...

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