Esposito v. Home Depot U.S.A., Inc., No. 08-2115

In plaintiff's products liability action against manufacturers and retailers of a power saw that severed his three fingers when his hand came into contact with the saw's unguarded blade, district court's grant of summary judgment in favor of the defendants is vacated and remanded where: 1) district court's denial of motion to remand is affirmed as a procedural defect existing at the time of removal but cured prior to entry of judgment does not warrant reversal and remand of the matter to state court; and 2) district court's exclusion of plaintiff's expert testimony is reversed as the circumstances of the case did not justify such a sanction.   

Read Esposito v. Home Depot U.S.A., Inc., No. 08-2115

Appellate Information

Appeal from the United States District Court for the District of Rhode Island

Decided December 30, 2009

Judges

Before: Lipez and Howard, Circuit Judges, and Woodcock, District Judge

Opinion by Howard, Circuit Judge

Counsel

For Appellant:  Thomas More Dickinson

For Appellee:      C. Russell Bengtson, Carrol Kelly & Murphy