MMA Successfully Defends Appeal for Razor USA, LLC

Robert J. Machi and Joshua A. Heines successfully defended an appeal before the New Jersey Appellate Division on behalf of Razor USA, LLC. In Vann v. Toys R UsPlaintiffs appealed a summary judgment order dismissing their claims against Razor in a products liability action. The Appellate Division affirmed the Order finding that Plaintiffs failed to provide an adequate expert opinion in support of their design defect claim because their expert failed to present an opinion substantiated by empirical evidence that the number of injuries avoided by adopting his alternative design would be greater than the corresponding number of injuries sustained as a result of such adoption. Moreover, the Appellate Division found that Plaintiffs had abandoned their failure to warn claim.