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  5. Federal Court Overseeing Indiana Rules on Validity of Expert Testimony in Products Liability Action

Federal Court Overseeing Indiana Rules on Validity of Expert Testimony in Products Liability Action

Parr Richey Frandsen Patterson Kruse LLP | Aug 27, 2019 | Motorcycle Accidents, Products Liability |

Recently, the Seventh Circuit Court of Appeals issued a ruling on a case stemming from an Indiana motorcycle accident. The two plaintiffs were embarking on a cross-country trip on their Harley-Davidson motorcycle. While going through Nebraska, the couples’ bike tire sustained a puncture and deflated. The quick deflation resulted in the husband losing control of the motorcycle and crashing into a median. The husband slid across the highway, and his wife was thrown off the bike. Unfortunately, although both people were wearing helmets, they sustained severe injuries, including traumatic brain injuries.

A few months after the accident, the couple received a recall notice for their helmets. The couple filed a products liability lawsuit against the companies that sold them their helmets, the motorcycle manufacturer, and several other entities. The couple alleged that that the helmets and tires had design and manufacturing defects. The couple did not provide any experts for their helmet claim, and the district court entered summary judgment in favor of the defendants. However, the plaintiffs did provide expert testimony for their defective tire claim. The tire defendants filed motions to exclude the plaintiffs’ expert testimony based on a lack of reliability under the Federal Rules of Evidence. The plaintiffs challenged this ruling; however, the appeals court ultimately affirmed the lower courts finding.

Indiana follows the Federal Rules of Evidence 702 and the Daubert standard. Under Daubert, a trial judge is responsible for ensuring that evidence is “reliable and relevant.” Typically, courts assess the reliability prong on a case-by-case basis; however, there are certain factors that courts analyze. Some general things that courts look to are whether the expert’s theory has been tested and peer-reviewed. Further, the court will examine whether the method they are putting forth has general acceptance in the relevant community.

In this case, the tire experts that the couple presented did not have qualifications related to motorcycle tires specifically; instead, they had expertise regarding tires generally. The court found that the theory did not follow valid methodologies, and the experts did not rely on any empirical data or experiments. Similarly, the other expert did not replicate the accident and could not point to anything to support his theory. Ultimately, the court concluded that neither expert had the qualifications to stand as an expert in this case.

Indiana accident victims should make sure that they comport with Daubert standards when presenting an expert witness. Expert witnesses are crucial in products liability lawsuits in Indiana and can drastically affect the outcome of a personal injury and negligence lawsuit.

Have You Been Injured Because of Defective Product or Design?

If you or a loved one suffered injuries because of a defective product, you should contact the experienced attorneys at Parr Richey Frandsen Patterson Kruse. The attorneys at our Indiana law firm have extensive experience handling complicated personal injury and Indiana products liability lawsuits. Our attorneys can assist you in determining your rights and remedies. Additionally, our attorneys can find appropriate expert witnesses. You may be entitled to monetary compensation for the injuries you sustained. Financial compensation may include payments for the medical bills you incurred, ongoing medical bills, and pain and suffering. Contact the law firm at 888-532-7766 to schedule a free initial consultation.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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