Sean R. v. BMW of N. Am., LLC

by
Plaintiff was born in 1992 with severe mental and physical difficulties. In 2008, Plaintiff commenced this personal injury action against BMW of North America, LLC and related BMW entities (collectively, Defendants), alleging that his disabilities were caused by in utero exposure to unleaded gasoline vapor caused by a defective fuel hose in his mother’s BMW. Defendants moved to preclude Plaintiff’s causation experts from testifying at trial, arguing that their opinion reached novel conclusions and did not use generally accepted principles and methodologies. Supreme Court granted Defendants’ motion to the extent that it precluded the testimony of two of Plaintiff’s causation experts. The Appellate Division affirmed. The Court of Appeals affirmed, holding that the courts below properly precluded the two expert witnesses from testifying at trial as to causation because the experts did not rely on generally accepted methodologies in concluding that Plaintiff was exposed to a sufficient concentration of gasoline vapor to cause his injuries. View "Sean R. v. BMW of N. Am., LLC" on Justia Law