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GRAHAM v. PLAYTEX PRODUCTS, INC.

No. 95-CV-1366.

993 F.Supp. 127 (1998)

John GRAHAM, as Executor of the Last Will and Testament of Anne H. Graham, Plaintiff, v. PLAYTEX PRODUCTS, INC., Defendant.

United States District Court, N.D. New York.

February 2, 1998.

Attorney(s) appearing for the Case

Bohl, Della Rocca & Dorfman, P.C., Albany, NY (James B. Tuttle, of counsel), for Plaintiff.

Thorn and Gershon, Albany, NY (Richard M. Gershon, Noreen J. VanDoren, of counsel), Wright, Robinson, Osthimer & Tatum, Richmond, VA (William H. Robinson, Jr., C. Ervin Reid, of counsel), for Defendant.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

In a bench decision rendered December 8, 1997, this Court reserved decision on defendants' summary judgment motion as to plaintiff's product liability claims based on a design defect theory. Because of a dispute as to the reliability and relevance of plaintiff's expert testimony, the Court held a hearing on January 5, 1998 to determine whether that testimony met the standard of admissibility required...

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