The defendant manufacturer brought a motion for partial summary judgment to dismiss claims of negligent manufacturing, failure to warn, and breach of implied warranty arising from an incident where a police officer was accidentally struck in the head by a TASER electrical weapon fired by his partner.
The court dismissed the motion, finding that the issues were inextricably linked to the conceded trial issue of negligent design.
The court also declined to strike an affidavit sworn by plaintiffs' counsel, ruling it was admissible as 'evidence about evidence' to demonstrate the record that would be available at trial.
