Products Liability - Brain Damage - Expert Excluded and Motion for Summary Judgment Granted
In 2012, Mr. Keller and Mr. Walsh represented a manufacturer in a products liability claim involving an alleged brain injury to a 3 year old girl who allegedly fell onto a plastic cup, causing it to become lodged in her brain. Plaintiff retained a human factors expert, W. Andrew Harrell, PhD, who opined that the client's cup was hazardous in comparison to other cups on the market. Following the expert's testimony, Keller and Walsh filed a Daubert motion which plaintiff opposed. The court held oral argument and granted the motion striking Harrell (plaintiff's only expert) and barring his testimony at trial. After successfully excluding the expert, Keller and Walsh filed a Rule 56 Motion for Summary Judgment which plaintiff opposed. The court held oral argument and granted the motion stating that plaintiff did not have any evidence that the cup was unreasonably dangerous, and plaintiff failed to meet his burden of proof.
Peterson v. Arrow Plastics, Suit No. 11-156; The Honorable James Brady, United States District Court for the Middle District of Louisiana.