Ark. Judge Denies Defense Efforts to Apply Sophisticated User Doctrine

TEXARKANA, Ark. -- An Arkansas federal judge denied defense efforts to seek refuge under the sophisticated user doctrine approximately one week before opening statements began in the ongoing trial. Russell, et al. v. Ashland Inc., et al., No. 04-4116 (W.D. Ark.).

In the Aug. 8 memorandum and order, Judge Harry F. Barnes of the U.S. District Court for the Western District of Arkansas opined that the end user in these circumstances had not been educated in the potential hazards the products posed.

Arnold Wayne Russell and Pamela Russell contend that Arnold Russell's work with Cooper Tire & Rubber Co. …