Earlier this month, a federal appellate court issued a written opinion in a personal injury case illustrating the importance of expert selection in Washington, D.C. product liability cases. The case required the court to determine if the testimony of the plaintiffs’ expert witnesses was based on sufficiently reliable methodology. Ultimately, the court concluded that the testimony of both witnesses was properly excluded by the trial court.
The plaintiffs were the parents of a college student who died in a fire that started in the boy’s room. Investigators found the boy’s laptop among the debris. The plaintiffs presented two expert witnesses to testify that, in their opinion, the fire was started when the battery in the laptop malfunctioned.
The first expert had a PhD in inorganic chemistry and was an expert in battery safety. He testified that upon inspecting the batteries in the laptop, one of the three cells had ruptured. He further explained that a battery cell can only rupture in certain circumstances, including electrically abusive condition,s mechanically abusive conditions, high temperatures (such as a fire), or an internal problem with the battery.