Earlier this month, a federal appellate court issued an opinion in a product liability case that illustrates the importance of vetting and selecting an expert witness in an Indiana product liability case. Ultimately, the court concluded that the experts whom the plaintiff planned to have testify at trial did not base their opinions on sufficiently reliable methodology, and thus it excluded the experts’ opinions from testimony.
The plaintiff’s son was killed in a house fire in the plaintiff’s basement. After the fire, investigators searched through the basement for signs of what could have caused the fire. Several battery cells from their son’s laptop were recovered. One of the battery cells had ruptured, and the plaintiffs believed it was due to a defect in the battery. Thus, the plaintiffs filed a product liability case against the manufacturer of the laptop, the battery, and several components of the battery.
In support of their case, the plaintiffs presented testimony from two expert witnesses. The first was a “battery expert” who had a PhD in inorganic chemistry. He planned on testifying that, according to his experience, the fire was caused by an internal defect in the battery. While the expert acknowledged that being exposed to the heat of the fire could have caused the battery cell to rupture, the expert concluded that if that were the case, he would have expected all three battery cells to have ruptured. However, since only one cell ruptured, he concluded that the most likely cause of the fire was an internal defect in the ruptured cell.