Randy Russell v. Whirlpool Corp.
2012 U.S. App. LEXIS 25650
| 8th Cir. | 2012Background
- Fire destroyed Russells' Iberia home; they sued Whirlpool alleging defect in refrigerator caused fire.
- Russells' experts Giggy (fire investigator) and Martin (engineer) linked fire to refrigerator via circumstantial evidence.
- District court admitted Giggy and Martin's opinions; Whirlpool challenged reliability under Daubert.
- Jury returned $1,377,550 verdict for Russells; Whirlpool appealed on admissibility and evidentiary issues.
- Court affirmed district court, holding expert testimony admissible and circumstantial-evidence theory viable under Missouri law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of Giggy under NFPA 921 | Giggy followed NFPA 921 as a reliable guide | Giggy did not reliably apply NFPA 921 | Admissible; Giggy did not purport to strictly follow NFPA 921 |
| Giggy's reliability under Rule 702/Daubert | Giggy's methods were reliable observations and pattern analysis | Giggy lacked scientific methodology | Admissible; methods sufficient under Daubert framework |
| Circumstantial-evidence proof of defect under Missouri law | Evidence supports inference of defect from circ. evidence | Russells failed to eliminate other causes | Evidence strong enough for reasonable inference of defect under Hickerson framework |
| In limine evidence of other Whirlpool fires | Remark about relay problems not prejudicial | Violation of order by referencing other incidents | No reversible error; curative instruction mitigated prejudice |
Key Cases Cited
- Fireman's Fund Ins. Co. v. Canon U.S.A., Inc., 394 F.3d 1054 (8th Cir. 2005) (NFPA 921 reliability standard; method endorsement by professional organization)
- Presley v. Lakewood Eng'g, Inc., 553 F.3d 638 (8th Cir. 2009) (NFPA 921 reliability and application in fire investigations)
- Shuck v. CNH America, 498 F.3d 868 (8th Cir. 2007) (Fire-causation testimony based on observation and experience admissible)
- Hickerson v. Pride Mobility Prods. Corp., 470 F.3d 1252 (8th Cir. 2006) (Reasonableness of inferences from burn patterns and temple of causation)
- In re Zurn Pex Plumbing Prods. Liab. Litig., 644 F.3d 604 (8th Cir. 2011) (Daubert factors flexible; case-specific application)
- Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (Supreme Court 1993) (Gatekeeper role; flexible Daubert framework)