Ed Slaughter and Barret Marshall Win Motion to Strike Expert Witness and Motion for Summary Judgment
Ed Slaughter and Barret Marshall prevailed on summary judgment after successfully striking an opposing expert witness' causation opinions in a wrongful death product liability toxic exposure case in Baton Rouge, Louisiana. HPTY represented the defendant, a Fortune 500 manufacturer and retailer of home improvement and construction products.
The defendant won its original motion to strike in January 2010. The plaintiffs subsequently filed a motion to reconsider and submitted a new 16-page expert affidavit in an attempt to cure the original deficiencies. The defendant argued that the opposing expert witness failed to follow his own stated methodology. The defendant also distinguished the scientific articles that the expert attempted to rely upon. After oral argument, the court affirmed its original order striking the causation opinions, stating that the expert "has no foundation to offer a causation opinion that alleged exposure from any particular Defendant was a substantial contributing factor to the causation" of the plaintiff's injury and death.
After striking the expert witness, the court granted the defendant's motion for summary judgment.