Osorio v. One World Techs., Inc., 659 F.3d 81 (1st Cir. Mass. 2011)

(plaintiff was injured while operating a bench table saw; plaintiff sought damages for injury resulting from manufacturer's negligence and breach of an implied warranty of merchantability; plaintiff's expert witness had presented technology to defendant in 2000 that retracts the saw blade upon contact with flesh; defendant argued plaintiff's evidence on design defect was insufficient for jury determination; defendant argued Mass. law required a prima facie evidence on all factors; jury instructions were adequate; court stated Mass. law requires balancing of factors as to reasonableness of design; court found the evidence was sufficient for the case to reach the jury; court affirmed the decision; Note: On  Oct. 5, 2011, the Consumer Product Safety Commission issued an advance notice of proposed rulemaking for performance requirements to address table saw blade contact injuries; data gathered in 2007-08 from an injury cost model projected 67,300 medically treated injuries at a cost of $2.36 billion per year from blade contact).