Judge Joseph Bianco
In "drive-stun" mode, TASER’s X26 Electronic Control Device (ECD) transmits electrical charges through fixed electrodes "applied directly to a target." Police repeatedly stunned Cox with a TASER ECD in "drive-stun" mode. He died in hospital. Hollman administers Cox’s estate. Hollman’s expert Manion found the repeated TASER stuns caused metabolic acidosis contributing to Cox’s death. After denying motions in limine to exclude Manion’s testimony as inadmissible under Daubert, the court granted TASER judgment on Hollman’s claim that it was strictly liable or negligent for failing to warn police that repeated ECD applications can result in fatal metabolic acidosis. Hollman submitted no evidence that TASER knew or should have known, at Cox’s death in April 2005, that "drive-stun" mode ECD application could cause metabolic acidosis. Thus no rational jury could conclude TASER should have warned ECD users of the risk of metabolic acidosis. On Hollman’s warranty breach claims the court noted that TASER properly disclaimed all implied warranties, and that Hollman did not present evidence that the ECDs at issue contained defects in workmanship or materials that could constitute a breach of the limited express warranty.
