5th Circuit Panel Revives Defective Design Claim Against Drill Manufacturer

NEW ORLEANS - A Fifth U.S. Circuit Court of Appeals panel on April 16 overturned summary judgment on a design defect claim in a product liability injury action, concluding that there was sufficient evidence that the design of an auger drill's pedal may have caused the plaintiff's injury (Thomas Allen McDaniel v. Terex USA LLC,  No. 10-31264, 5th Cir.; 2012 U.S. App. LEXIS 7577).

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