Keith Kopeloff sued Arctic Cat claiming an over-centered sway bar caused his snowmobile to topple over and injure him.
When the company later asked for the case's dismissal, Kopeloff submitted an affidavit from an expert who hadn't been previously identified. Not only did the Suffolk County Supreme Court refuse to consider that submission, but it granted relief in Artic Cat's favor.
Because Arctic Cat was able to show the accident wasn't due to a manufacturing defect, the Appellate Division, Second Department, also sided with the company. (It chided Kopeloff for not disclosing his expert's identity earlier in the case, and went out of its way to characterize that individual's analysis as "speculative, conclusory" and based on facts which weren't relevant to the lawsuit.)
Was that Catty?
To view a copy of the Appellate Division's decision, please use this link: Kopeloff v. Arctic Cat, Inc.