Expert Article Library
Case Name: M. Diane Koken v. Black & Veatch Construction, Inc.
Date: October 14, 2005
Type of expert: Engineer. Robert Waite
Issue: Whether reasoning or methodology used by engineer was scientifically valid
Summary of case: Plaintiff alleges a protective fire blanket caused a fire during a torch-cutting operation resulting in an estimated $9 million in repair and delay costs. They claim the blanket lacked adequate warnings and was unsuitable for cutting operations.
Role of the expert: The plaintiffs expert witness testified at deposition that the fire blanket used was inappropriate for torch-cutting.
Expert analysis: Plaintiffs expert was qualified but did not explain his underlying methodology justifying his opinion as required by Daubert. The First Circuit affirmed the district courts decision to exclude the expert testimony.
Summary prepared by J. Price, Student,