Johnson & Bell, Ltd. attorneys, John W. Bell, Charles P. Rantis and Meghan M. Sciortino, received a summary judgment order from Judge Leinenweber of the U.S. District Court for the Northern District of Illinois in favor of their client, a ladder manufacturing company. This product liability suit was brought by the plaintiff for injuries he allegedly suffered as a result of a fall from a mini-scaffold, which was manufactured by the defendant. Under Illinois law, in product liability actions, a plaintiff must demonstrate that the product was defective at the time it left the manufacturer’s control. The evidence provided by the defense showed that the scaffold had left the defendant’s control almost eight years before the accident in an unassembled condition. The defendant moved to bar the plaintiff’s engineering expert from testifying at trial. The judge granted the motion to bar pursuant to the Daubert case. In addition, the cause for the fall was found in the failure to assemble the scaffold in accord with the product warnings and instructions. Since the plaintiff was barred from presenting any expert witness testimony and since there was no evidence in the record to support the plaintiff’s claim, the court granted the defendant’s motion for Summary Judgment. The plaintiff has appealed.