VANDINE v. SUMMIT TREESTANDS LLC ( 2024 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA JOHN VANDINE AND RENEE CIVIL ACTION VANDINE, Plaintiffs, v. NO. 23-0027 SUMMIT TREESTANDS, LLC AND DICK’S SPORTING GOODS, INC., Defendants. OPINION Plaintiff John VanDine was hunting from a treestand manufactured by Defendant Summit Treestands, LLC (“Summit”). The treestand detached from the tree, and VanDine fell and was injured. He and his wife, plaintiff Renee VanDine, sued Summit in strict products liability pursuant to N.J.S.A. § 2A:58C-2; Renee also brought a claim for loss of consortium. Summit has moved to exclude testimony by Plaintiffs’ proffered experts, pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), as well as for summary judgment as to Plaintiffs’ claims, pursuant to Federal Rule of Civil Procedure 56. For the reasons that follow, Summit’s Motions to Exclude Testimony of Jarrett Waters and Phillip Bishop will be granted in part and denied in part, and its Motion for Summary Judgment will be denied. FACTUAL BACKGROUND Except where noted, the facts set forth herein are not in dispute. A. The Treestand A treestand attaches to a sturdy tree so that a hunter can hunt from an elevated position. 1 The treestand in this case is a Viper Climbing Treestand made by Summit. It includes a lower platform and an upper climber/seat, which adhere to the tree using cantilevered forces: Each part includes a cable that loops around the back of the tree, and when downward force (like from a hunter’s bodyweight) is applied, teeth on the front of the treestand components bite into the front of the tree. A full-body safety harness, which the hunter attaches to the tree, is included with the Viper as well.! The top and bottom parts of the Viper are depicted below: L 1. hal Ke tea je “