Third Circuit Addresses Issues As To When Expert Testimony Is Required in Gun Discharge Case

In the case of Slatowski v. Sig Sauer, Inc., No. 24-1639 (3d Cir. Aug. 1, 2025 Krause, J., Bibas, J., and Montgomery-Reeves, J.) (Op. by Bibas, J.), the court affirmed the district court exclusion of the Plaintiff’s expert witnesses on the issue of causation but reversed the trial court’s entry of summary judgment in a case involving a federal immigration agent who was injured when he went to grab a gun from his holster and the gun fired a bullet into his hip and thigh.

The appellate court ruled that the trial court had properly excluded the Plaintiff’s expert testimony about what caused the gun to fire accidentally.

However, the court overruled the district court’s entry of summary judgment which was based on the district court’s finding that the Plaintiff could not proceed to a jury without expert testimony.

The appellate court noted that, given the other admissible evidence in the case, a jury would be able to determine what caused the gun to fire. As such, the entry of summary judgment was overruled.

Anyone wishing to review a copy of this decision may click this LINK.


Source: Article – “Lack of Causation Experts Does Not Knock Out Plaintiff’s Defective Gun Design Claims, 3rd Circuit Rules,” By Aleeza Furman The Legal Intelligencer (August 1, 2025).