Monthly Archives: April 2016

Federal Judge Denies Summary Judgment Even When Plaintiff’s Expert Admits He’s Not Offering Opinion that Defect in Product Caused Fire

On February 9, 2016, the U.S. District Court for the Northern District of Indiana granted summary judgment, in part, to Lennox Industries, Inc. in a subrogation lawsuit based in product liability. In Cincinnati Ins. Co v. Lennox Indus., 2016 U.S. Dist. LEXIS 15385, a fire occurred at the Howard residence. Repairs in the amount of $408,000 were paid for by the Howards’ insurance company, The Cincinnati Insurance Co. (CIC). CIC then sued Lennox claiming that electrical arcing between an air condensing unit’s (ACU) compressor…

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Michigan Court Denies Motion to Exclude Expert Testimony on “Clinkers”

The Michigan Court of Appeals recently denied a defendant’s motion in limine to exclude expert testimony regarding “clinkers,” which is a mass of organic material produced in a hay or straw fire. In case No. 324075, it was undisputed that a fire began in a storage barn containing approximately 46 large bales of straw supplied by the defendant. The plaintiff alleged that the straw bales were defective in that they spontaneously combusted and ignited the fire causing property damage. The plaintiff’s experts opined that…

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