Memorandum Opinion and Order

On February 14, 2017, I directed the parties to submit simultaneous briefing regarding the contours of what an alternative, feasible design can be under West Virginia law. I asked the parties to cover this issue as broadly as possible, taking into consideration the multiple tort theories available to a plaintiff under West Virginia law. On February 20, 2017, the parties filed their respective briefs [ECF Nos. 1867 & 1868]. On February 21, 2017, the parties filed their respective responses [ECF Nos. 1872 & 1873]. This Order will discuss many of the legal arguments made by the parties in their briefing and at the February 22, 2017, final pretrial conference.