Granted Appeal Summary
Case
RONDA MADDOX EVANS, ADMINISTRATOR OF THE ESTATE OF JERRY WAYNE
EVANS, DECEASED v. NACCO MATERIALS HANDLING GROUP, INC.
(Record Number 161788)
From
The Circuit Court of the City of Roanoke; D. Carson, Judge.
Counsel
James J. O’Keeffe, IV (Johnson, Rosen, & O’Keeffe, LLC), P. Brent Brown (Brown & Jennings,
PLC), and Edward Fisher (Provost Umphrey Law Firm, LLP) for appellant.
Frank K. Friedman and Mark D. Loftis (Woods Rogers PLC) and Francis J. Grey, Jr. (Ricci
Tyrrell Johnson & Grey) for appellee.
Assignment of Error
1. The trial court erred by setting aside the jury’s verdict and entering judgment in favor of the
Defendant on the ground that the Plaintiff’s decedent was guilty of contributory negligence that
proximately caused his accident and death.
Assignments of Cross-Error
1. The Circuit Court Should Have Entered Judgment for NMHG as a Matter of Law Because the
Administrator’s Evidence Was Insufficient to Support Her Negligent Design Claim.
2. The Circuit Court Erred In Permitting the Administrator’s Design Expert, Frederick Mallett,
to Testify Because He Lacked the Necessary Qualifications and His Opinions Lacked Adequate
Foundation.
3. The Circuit Erred in Failing to Strike the Administrator’s Failure to Warn Claim for Lack of
Causation.