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Monday, September 08, 2008

TASER International dismissed from two product liability lawsuits

September 8, 2008

SCOTTSDALE, Ariz., (GlobeNewswire via COMTEX) -- TASER International, Inc. (TASR 6.57, -0.08, -1.2%), the market leader in advanced electronic control devices, announced that the United States District Court for the District of Nevada issued an order in the product liability wrongful death lawsuit entitled Neal-Lomax, et al. v. TASER International, et al. The order granted TASER International's Daubert motions limiting the testimony of plaintiffs' causation experts and granted TASER International's motion for summary judgment.

In addition, the plaintiffs in the case of Robert Earl Williams, Jr., et al. v. TASER International, et al. filed a Plaintiff Notice of Nonsuit with the District Court of Mclennan County (TX), 74th Judicial District, which effectively dismissed this product liability wrongful death litigation against all defendants.

"In granting TASER's motion for summary judgment in the Neal-Lomax litigation, the United States District Court ruled as follows: 'Plaintiffs have failed to produce any admissible evidence stating to a reasonable degree of medical certainty that the (TASER electronic control device) caused or contributed to Lomax's death. Plaintiffs therefore have not raised a genuine issue of material fact as to causation, and the Court will grant Defendant's (TASER International) motion for summary judgment'," said Doug Klint, Vice President and General Counsel of TASER International.

"The Court also ruled to exclude Plaintiff's principle causation experts, Brett H. Woodard, M.D. and Jared Strote, M.D. The Court excluded Woodard's opinions by finding that his opinions are not based on reliable medical or scientific methodology. The Court excluded Strote's opinion because it lacks any objective medical source linking the eyewitness testimony and his opinions as to what caused Lomax's death. Absent any medical or scientific basis to support his opinions, Strote's opinions are not based on reliable medical or scientific methodology. It should also be noted that the Court granted the Las Vegas (NV) Metropolitan Police Department's (LVMPD) motion for summary judgment and ruled that the LVMPD Officer used objectively reasonable force in his use of the TASER(r) X26(tm) on Mr. Lomax," said Klint.

"We are also pleased to announce that as a result of TASER International's successful litigation against the Summit County Ohio Medical Examiner, which corrected the autopsy report in the 2006 Mark McCullaugh, Jr. death, one Summit County deputy sheriff was recently acquitted of a murder charge and criminal charges were dismissed against two other deputies," concluded Klint.

1 comment:

Anonymous said...

Strange comments in the PR "Plaintiffs have failed to produce any admissible evidence stating to a reasonable degree of medical certainty that the (TASER electronic control device) caused or contributed to Lomax's death"

I wonder what they were trying to submit and why the judge said no to them