Category: Fire Investigation Expert Witness
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Fire Investigation Expert Witness Deemed Unqualified to Opine on Candle Design
On October 15, 2015, the Plaintiff ignited a brand new Bath & Body Works 3-wick candle and left it burning on her kitchen counter while she put her son to bed. Within 30 minutes, she asserted that the entire liquid wax pool inside the candle jar caught fire, resulting in a phenomenon known as a…
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Court admits the Long-Term, Low-Temperature Ignition of Wood theory of Fire Investigation Expert Witnesses in Product Liability Case
The case arose from a fire at an apartment building in Potsdam, New York, allegedly caused by a defective attic exhaust/ventilation fan manufactured by Defendant, Broan Nutone LLC. Country Mutual, representing the Plaintiff, claimed the fan was defective in both manufacturing and design, citing New York law on strict product liability and identifying manufacturing and…
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Expert Fire Investigator’s testimony determining the point of origin and cause of the fire found reliable
The Court denied a Daubert motion to exclude a fire investigator’s testimony on the origin and cause of a destructive fire. It found the investigator qualified through extensive experience investigating fires. Minor flaws in his analysis provided fodder for cross-examination but did not warrant exclusion. Competing expert conclusions created a battle of the experts for…
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Multiple expert challenges in case involving recreational vehicle explosion leading to critical injuries
The plaintiffs challenged the defense experts on multiple fronts. They moved to preclude certain testimony of James J. Keough, Jr. regarding the RV design and accident, arguing his opinions lacked sufficient basis and methodology. But the court found Keough relied on extensive materials and technical experience, applying a reliable methodology. It emphasized vigorous cross-examination, not…
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Court limits fire and battery expert testimony in fatal laptop battery explosion case
This case arose from a December 2015 apartment fire in Everett, Washington that was allegedly caused by a lithium-ion laptop battery manufactured by Hewlett-Packard (HP). The plaintiff insurance company brought subrogation claims against HP for negligence and strict product liability under Washington law. The plaintiff retained two expert witnesses who opined that the fire was…
