Product liability cases can be incredibly complex. That’s why we always recommend getting the help of a product liability lawyer in Chattanooga if you’ve been injured by the negligence of a manufacturer. The US Court of Appeals for the Eleventh Circuit has excluded a plaintiff’s expert in a product liability lawsuit. The lawsuit had been brought against Kia Motors America, Inc. after a woman was killed in a truck accident in Chattanooga back in 2005. According to reports, the woman was driving a Kia Optima when she collided with a Mack truck. After striking the truck, her car went out of control, slamming into two parked cars, a tree, several posts, and ultimately a house.
The woman was killed in the accident and her surviving family believes Kia may be to blame. Their product liability lawsuit claims that there were defects with the car’s airbag system. On top of that, they believe a lack of a fuel flow shutoff device is the reason why the car went completely out of control. They believe adequate warnings of these potential defects were not expressed to car owners, making them negligent for ensuing wrecks.
The lawsuit has gotten much more difficult for the family, however. A Judge has ruled that a doctor couldn’t testify to the fact that woman died because of the trauma from the collisions with the tree, home, and other objects and not from the initial collision with the truck.
According to the Judge, The “court reasonably could have questioned the reliability of [the expert]’s ultimate opinion given the vague manner in which [he] described his methodology coupled with his inability to express an opinion about how the various impacts would have affected [the plaintiff].”
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Source. The National Law Journal, ‘http://www.nationallawjournal.com/home/id=1202671060488/Expert-Evidence-Properly-Excluded-in-CarAccident-Suit%3Fmcode=1202615432992&curindex=1,’ Amaris Elliott-Engel, September 24, 2014.