Dismissal During Trial in Product Liability Claim

Kyle Kordich obtained a dismissal of claims against the defendant product manufacturer during the course of the trial.  On the first day of trial, plaintiff moved to discontinue this matter against the product manufacturer, which the court granted.  Co-defendant owner and operator of the product (log loader) moved to have their cross claims converted to third-party claims which the court also granted. Following the close of plaintiff’s proof, the co-defendant called their liability expert who Mr. Kordich challenged as being certified as an expert. Co-defendant’s counsel ultimately conceded that he was not qualified to render opinions regarding the design of the subject loader and attempted to offer him as an expert in log loader operation and safety.  After Mr. Kordich conducted voir dire, the judge indicated that it was his inclination to not certify co-defendant’s expert. Co-defendant then withdrew their expert as a witness and made an application to have the third-party claims against the product manufacturer dismissed without prejudice. Mr. Kordich opposed that application as it would allow co-defendant to then litigate the indemnification issue against the product manufacturer at a later date if a verdict was entered against co-defendant.  Mr. Kordich then moved to have co-defendants’ third-party claims against dismissed on the merits and with prejudice as they could not prove a prima facie case sounding in strict products liability without an expert.  Following this, the plaintiff and co-defendants settled the matter and all claims against the product manufacture were dismissed.