Christopher A. Duggan and Andrew D. Black Secure Summary Judgment in High-Stakes Products Liability Case

A U.S. magistrate judge has determined that an insurance company could not bring a third-party claim against the manufacturer of a bathroom fan under the theory that a design defect caused a fire in an insured’s home by a products liability case.

During discovery, plaintiff Liberty Mutual Insurance Co. provided an expert opinion from a certified fire investigator and licensed engineer with 25 years of firefighting experience.

He opined that vibration from a bathroom fan created by a leading manufacturer caused the internal wiring insulation to abrade, leading to a fire that caused significant damage.

Defense counsel, Andrew D. Black and Christopher A. Duggan of Smith Duggan Cornell & Gollub LLP, argued in a summary judgment motion that the expert’s opinion did not meet admissibility standards for scientific testimony under the U.S. Supreme Court’s 1993 decision in Daubert v. Merrell Dow Pharmaceuticals Inc. 

Judge Donald L. Cabell agreed. Read Massachusetts Lawyers Weekly’s account of the case here: