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Re: New Daubert Exclusion of Fire Expert
Posted by:
John Lentini (IP Logged)
Date: March 16, 2022 02:05PM
So, finding the same defect in 13 units that caught fire and one that just leaked is "cherry picking?" I guess the judge wanted the engineers to buy a thousand units and test them to failure.
This is similar to what happens with clothes dryers. There are 15,000 dryer fires annually, but that represents only about one fire per million loads. This judge would apparently require several million tests to demonstrate a design defect, which is an impossibility. Perhaps that's what she had in mind.
I do see the logic for excluding the damages expert but not the engineers.