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Breaking Legal Developments

10-29-2001

Published by:
Peter A. Lynch, Esq.
of Cozen O'Connor
palynch@cozen.com
http://www.cozen.com

 

EXECUTIVE SUMMARY:      This weekly newsletter covers:

  1. Eighth Circuit Finds Exclusion of Expert Under Daubert was Error


(1) EIGHTH CIRCUIT FINDS EXCLUSION OF EXPERT UNDER DAUBERT WAS ERROR

In Lauzon v. Senco Products, (pdf Format) No. 01-1058 (10/26/01), the Eighth Circuit Court of Appeals reviewed the exclusion of plaintiff's design defect expert. The trial court had applied the Daubert test to find the proposed expert's testimony lacking. The case involved a pneumatic nailer. The plaintiff was injured while using the nailer. He brought a product liability action against the manufacturer.

Based on this expert's testing he contradicted the plaintiff's testimony about how the injury occurred. The trial court did not allow that testimony. The Eighth Circuit disagreed. The court noted this expert performed testing to support his conclusion that there was a design error in the product. The expert had also published a paper on the hazards of pneumatic nailers before being hired in the case. That article was subject to peer review. Other articles supported his contentions published by others. The court also found his opinion was generally accepted in the community of experts he belonged to. The court reversed the exclusion of the testimony and also the judgment for the defendant.

Mr. Lynch can be reached at Cozen and O'Connor, 501 West Broadway, Suite 1610, San Diego, California 92101, 800-782-3366 (voice), 619-234-7831 (fax), palynch@cozen.com (e-mail), http://www.cozen.com. Follow us on Twitter at @firesandrain.

Please direct comments, suggestions, stories, and other items to the author by e-mail at palynch@cozen.com

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