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ARTICLE ID 49972

$________ Failure of homeowner to warn about hazards of more than one person using trampoline at a time - Plaintiff withdraws products liability/failure to warn aspect vs. defendant manufacturer after plaintiffs' experts are precluded from testifying at trial and testimony in discovery reflects that warning stickers were removed after incident - Tears of ACL and PCL.

Burlington County, New Jersey

The plaintiff guest of the defendant homeowner, in her early 30s, contended that as she was jumping on the defendant’s trampoline with her husband she fell and suffered ACL and PCL tears of the same knee. The plaintiff alleged that the manufacturer’s warnings regarding the need for one individual only to use the trampoline at one time were not adequate. The defendant manufacturer argued that the warnings were adequate as a matter of law.

The defendant homeowner had initially testified in her deposition that warning labels were not removed. The defendant then amended her answers and testified that the warning labels were removed after the incident because the plaintiff had indicated that it would be easier to maintain an action against the manufacturer. The plaintiff strenuously denied this assertion. The defendant manufacturer argued that the warnings were adequate as a matter of law and it was clear that the warnings were purposely removed. The defendant manufacturer successfully moved to strike the plaintiffs’ experts as unqualified in the area of warnings and to preclude the use of certain photographs of the trampoline with the warning labels removed as evidence at trial. Previously, certain of the plaintiffs’ counts had been dismissed on summary judgment. Shortly after the in limine rulings, the defendant manufacture was dismissed from the case.

The plaintiff contended that she required arthroscopic surgery and will suffer permanent pain and limitations.

The case against the defendant homeowner settled prior to trial for $________.

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