Cash et al. v. LG Electronics, Inc. et al.

The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.

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Miller, Presiding Judge.

This case involves a tragic fire at the home of appellant Debbie Cash, which resulted in the death of Cash’s husband and son. Cash and her surviving daughter filed suit against LG Electronics, Inc.^{^[1]} alleging, among other claims, strict liability and negligence. Cash claims that the LG television in her living room was the cause of the fire, and in support she submitted the expert testimony of an engineer who attempted to recreate the origin of the fire. Upon LG’s motion, the trial court excluded the expert’s testimony, finding that the expert’s opinion was not based on sufficient facts or reliable principles and methods, as required by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (113 SCt 2786, 125 LE2d 469) (1993). After excluding Cash’s causation expert, the trial court granted summary judgment to LG based on the lack of competent and admissible evidence that there was a defect in the television that caused the fire. This appeal followed, and after a thorough review of the record, we affirm.The evidence in this case shows that, on the morning of July 6, 2011, Cash’s son woke up and went into the living room to watch TV. He then came into Cash’s room and told Cash and her husband that the house was on fire. When Cash looked in the living room, she saw green-black smoke and that the entire entertainment center was on fire. When she and her husband were unable to extinguish the fire, Cash exited the house. Believing that her husband and son had already escaped, Cash went to a window and pulled her daughter out. Once Cash realized her husband and son were trapped in the house, the fire was too extensive for her to rescue them. Mr. Cash died in the house. Fire fighters pulled Cash’s son from the house, but he subsequently died at the hospital.

Cash et al. v. LG Electronics, Inc. et al.

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