Lapsley v. Xtek, Inc.

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Industrial grease, propelled in a jet with enough energy to penetrate and pass through the human body like a bullet, hit and disabled a worker at a steel rolling mill. At trial the jury found that the accident was caused by a design defect in a heavy industrial product designed and manufactured by Xtek and installed in the mill. That equipment contained an internal spring that could exert over 10,000 pounds of force. The jury accepted the theory of plaintiffs’ expert witness, Dr. Hutter, that the spring was the culprit mechanism behind the accident and that an alternative design of a thrust plate in the equipment would have prevented the disabling accident. The Seventh Circuit affirmed. The district court acted within its discretion in denying Daubert motion that sought to bar Dr. Hutter from offering his expert opinions, which were essential to the plaintiffs’ case. The purpose of the Daubert inquiry is to scrutinize proposed expert witness testimony to determine if it has “the same level of intellectual rigor that characterizes the practice of an expert in the relevant field” so as to be deemed reliable enough to present to a jury. View "Lapsley v. Xtek, Inc." on Justia Law