3M Bid for Early Judgment Rebuffed in Third Earplug Test Trial

A U.S. army veteran presented sufficient evidence for a jury to find in his favor in the third test trial in litigation over allegedly flawed 3M Co. combat earplugs, a Florida federal judge said, denying the company’s bid for an early judgment.

However, there is also enough evidence for a jury to find that the Army’s failure to ensure Lloyd Baker’s CAEv2 earplugs were properly fitted or to provide Baker with adequate instruction in proper use was a superseding cause of his injuries, Judge M. Casey Rodgers said Thursday for the U.S. District Court for the Northern District of Florida. ...