In McGarrigle v. Mercury Marine, a propeller / kill switch case, Mercury Marine claims John McGarrigle is the the first person NOT using a kill switch to be injured by a Mercury Marine tiller steered outboard.
We find that hard to believe, but before we can prove them wrong, we need to determine exactly what Mercury Marine’s legal team said.
On page 8 of the 20 December 2011 Partial Summary Judgement Opinion by the Court, (document 41 in the U.S. District Court New Jersey case docket), the court restates Mercury’s position:
Defendant argues that Dr. Fisher should not be permitted to testify that the design of the outboard engine was and is defective because it does not incorporate a lanyard A type stop switch. Defendant states that between 1986 and July 2007, it sold more than 750,000 8 to 25 horsepower outboard engines that use the lanyard B. It also states that, other than plaintiff’s accident, it is aware of no other accidents of a scenario similar to plaintiff’s, which resulted in propeller strike injuries to an ejected operator of a small hand-tilled outboard engine who did not use the lanyard B.