Unproved Assumptions Defeat RSI Lawsuit

By: Cal-OSHA

SAN DIEGO - A federal appeals court in New Jersey has upheld a judge's dismissal granted to IBM in a repetitive stress injuries (RSI) case. On November 6, 1997, the USCA third affirmed the trial court's opinion in Schneck v. IBM.In his original opinion, Judge Garrett E. Brown Jr. stated, "Plaintiffs fail to offer any evidence of the alleged 'dangerous propensities' of a keyboard. Instead, they assume the existence of such propensities as well as the existence of a duty to warn."The product liab

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