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$2.9M verdict in mill accident case upheld

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The 7th Circuit Court of Appeals has affirmed the admittance of an expert’s opinion as to causation of an accident at a northern Indiana steel rolling mill, finding the federal court properly denied a company’s Daubert motion to bar that testimony.

Leonard Lapsley was severely injured in an accident at the mill when industrial grease was propelled from the roll end with enough energy to pass through his body like a bullet. He is disabled as a result of the accident.

At trial, Dr. Gary Hutter testified as a plaintiff expert witness that an internal spring in the industrial product designed and made by Xtek was the culprit mechanism behind the accident and an alternative design of a thrust plate in the equipment would have prevented the accident being as severe. Xtex filed a Daubert motion for the trial court to scrutinize Hutter’s testimony to determine whether it’s reliable enough to present to the jury. Xtek argued that Hutter’s proposed testimony lacked scientific basis.

The District Court disagreed, pointing to the “commonly known methodologies and physics calculations” that Hutter used in reaching his conclusions. The court also found that the conclusions were relevant, ruling that Xtek’s disagreement with Hutter’s theory on causation could not be the sole reason for excluding it.

The court found Hutter’s testimony about the alternative thrust plate design raised a genuine issue of fact with regard to the Lapsley’s design-defect claim. It denied summary judgment on his failure-to-warn claim. The jury found Xtek was 65 percent at fault for the accident and awarded $2.97 million. The court also denied Xtek’s Rule 50(b) motion for judgment as a matter of law that sought reconsideration of the court’s refusal to exclude Hutter’s testimony.

With regard to the Rule 50(b) denial, Xtek didn’t argue that the evidence as actually presented was insufficient to support the jury verdict, but that it would have been insufficient without Hutter’s testimony. Xtek argued again that Dr. Hutter’s expert opinions regarding causation, alternate design, and reasonable care or foreseeability lacked scientific basis and should have been excluded under Federal Rule of Evidence 702 and Daubert.

Xtek also claimed that since a design-defect claim also incorporates an element of foreseeability under Indiana law, the lack of evidence fatal to the failure-to-warn claim should have doomed the
design-defect claim as well.

The 7th Circuit rejected all of Xtek’s arguments in a 32-page opinion.

“The uniqueness of an accident can weigh against jury findings of foreseeability and lack of reasonable care in design, but that is a matter for the jury to decide,” Judge David Hamilton wrote. “The jury here accepted Dr. Hutter’s uncontradicted expert opinion that a reasonable designer would have considered the danger of the powerful spring being bound up unexpectedly and releasing its energy so as to act like a ram on the grease in the spindle assembly. Rule 702 provides a test of reliability, not of ultimate merit. District courts acting as gatekeepers of scientific, technical, or specialized knowledge evidence retain significant discretion under the flexible Daubert inquiry. The district court here did not misapply Daubert, and Xtek has identified no compelling reason to disturb the court’s exercise of its discretion.”

 

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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