Tuesday, September 14, 2021

Motion to Preclude Expert in Fire Loss Case Denied


In the case of Allstate Ins. Co. v. LG Elec. USA, Inc., No. 2:2021-CV-00187 (E.D. Pa. July 8, 2021 Baylson, J.), the Eastern Federal District Court of Pennsylvania denied a Defendant’s Motion to Exclude a Plaintiff’s expert in a fire loss subrogation matter.  In allowing the Plaintiff's expert's opinion to remain in the case, the court found that issues of material fact precluded the entry of summary judgment in favor of the Defendant.

The court ruled that, where a Plaintiff’s expert ruled out all other potential causes of a house fire and determined that there were two potential causes, both of which would have been the result of an alleged manufacturing defect, that expert was not required to show which of those two (2) potential causes occurred given that either one of those causes would result in the imposition of liability on the Defendant.

Anyone wishing to review this decision may click this LINK.  The Court's companion Order can be viewed HERE.


Source: “Digest of Recent Opinions,” Pennsylvania Law Weekly (July 29, 2021).

Source of image:  Photo by Aldo Prakash on Unsplash.com.



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