The Atlanta Gleaner.

Legal News

Edited By George Washington

(Testing in progress)

George Washington Statue at Federal Hall

Cynthia Seamonv.Remington Arms Company, LLC

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.14-15662
DecidedFebruary 17, 2016
Reporter813 F.3d 983
JudgesCircuit Judges Adalberto Jordan and Julie Carnes, and District Judge Eduardo C. Robreno sitting by designation; Robreno authored
Tags
CivilProducts LiabilityEvidenceExpert TestimonySummary JudgmentCausationReversalRemand
Case Summary

Cynthia Seamon, individually and as representative of her husband’s estate, alleged that a defect in Remington’s Model 700 rifle caused his death. The district court excluded her causation expert, Charles Powell, as unreliable and granted Remington summary judgment. The Eleventh Circuit held the exclusion was manifestly erroneous: the record supported Powell’s opinion that the rifle fired without a trigger pull, and the district court mischaracterized his treatment of alternative causes and the factual support for his theory, including debris he found in the trigger housing. The court explained that once an expert opinion satisfies Daubert, disputes about its strength are for the jury; because Remington’s summary-judgment motion depended entirely on excluding Powell’s opinion, the court reversed both orders, vacated the judgment for Remington, and remanded for further proceedings.

Opinion

Loading published copy…

The Far Side