Opinion

Burley v. Kytec Innovative Sports Equipment, Inc.

  • 737 N.W.2d 397
  • 2007 SD 82
  • 2007 S.D. LEXIS 146
  • 2007 WL 2206942
Court
South Dakota Supreme Court
Filed
Aug 1, 2007
Status
Published
Author
Meierhenry
On the bench
Konenkamp, Gilbertson, Zinter, Sabers, Meierhenry
Cited by
48 cases

stating that imposing liability for failure to test “where the causal link to the known harm to [Burley] is the unknown outcome of testing that was not done, would be beyond the pale of any ... tort doctrine we can identify”

How later courts described this case

  • stating that imposing liability for failure to test “where the causal link to the known harm to [Burley] is the unknown outcome of testing that was not done, would be beyond the pale of any ... tort doctrine we can identify”
  • accepting premise of defendant’s, argument that a student athlete injured by exercise *614 equipment did not read the instruction manual and therefore could not establish proximate cause, but rejecting argument because the athlete’s trainer, who was responsible for and oversaw the athlete’s use of the equipment, had read the manual
  • finding that expert testimony was required to aid jury in determining whether alleged defective hook in sports product was the proximate or legal cause of plaintiffs arm injuries
  • stating any deficiencies in an expert’s opinion or qualifications can be tested through the adversary process at trial

Written by the judges who cited it.

The opinion

MEIERHENRY, Justice

(concurring in part and dissenting in part).

[¶ 55.] I concur on Issue 1 (Daubert) and join Justice Sabers’ dissent on the other issues.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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