When Experts Contradict Clients Over Product Liability

Law360, New York (August 25, 2014, 12:19 PM EDT) -- Last month, in Lee v. Smith & Wesson Corp., the Sixth Circuit reversed a trial court's exclusion of expert evidence in a product liability action, despite the discretion generally given to trial court judges to handle evidentiary matters. The case involved allegations that a product defect caused the plaintiff's injuries while target shooting with his revolver. The plaintiff proffered an expert in the field of mechanical engineering to explain how alleged defects in the revolver caused his injuries. The expert's theory, however, contradicted the plaintiff's own testimony regarding what happened at the time of the accident....

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