May 23, 2022

Volume XII, Number 143

Advertisement
Advertisement

May 20, 2022

Subscribe to Latest Legal News and Analysis

Burn Testing Excluded As Unreliable in New Hampshire Case

As an additional basis for excluding burn testing of a home theater component, the court ruled that the party offering the expert failed to show that the testing conforms to reliable principles and methods.  The expert did not know the temperature or the amount of heat produced by the propane flame source that he used to ignite the exemplar.  He admitted that the propane source would not create the same amount of heat or temperature as the power source that he identified as the ignition source.  He kept no notes or contemporaneous records that could potentially show the soundness of his methodology.  The party offering the expert failed to satisfy its burden of demonstrating that the expert's testimony is based upon a reliable methodology.   

MMG Ins. Co. v. Samsung Electronics America, Inc.,  2013 WL 2444033 (D.NH 2013)

© Copyright 2022 Armstrong Teasdale LLP. All rights reserved National Law Review, Volume III, Number 275
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement
Advertisement

About this Author

Karrie Clinkinbeard, Fire, Electrical, Liability, Attorney, Armstrong Teasdale
Partner

Karrie Clinkinbeard is a member of the firm’s Fire and Electrical Liability practice group. She represents utility companies, businesses, product manufacturers and fireworks companies, among others, in matters involving fires, explosions, electrocution, chemical release, product failure and carbon monoxide poisoning. As one of an elite group of attorneys accredited as a Fire and Explosion Investigator (CFEI), certified by the National Association of Fire Investigators, Karrie stays on the cutting edge of new developments in fire science. This CFEI certification is...

816-472-3175
Lynn Hursh, Trial, Products, Fire Electric, Liability, Attorney, Armstrong
Partner

Lynn Hursh serves as lead trial counsel in the defense of product manufacturers, service providers and energy suppliers in the gas and power industries. These matter primarily involve fires, explosions and toxic releases. Involved from the very beginning of an event, Lynn strategically addresses the unexpected and unique challenges posed by catastrophic events. He is knowledgeable in formalized fire and explosion investigation procedures, the requirements for the admissibility of expert testimony, and evidence spoliation prevention and accident scene preservation.

816-472-3106
Gerald A. King, Explosion, fire, Electrocution litigation, attorney, Armstrong
Partner

Jerry King practices in all aspects of explosion, fire, and electrocution litigation, including products liability, class actions, trials, and appeals. As a Certified Fire and Explosion Investigator (CFEI), as certified by the National Certification Board of the National Association of Fire Investigators and recognized by National Fire Protection Association 921 Guide for Fire and Explosion Investigations, Jerry’s knowledge and experience allows him to provide effective and efficient solutions to resolve even the most complex case. An authority on these issues, he is often sought after as...

816-472-3126
Advertisement
Advertisement
Advertisement