Sardis v. Overhead Door Corp., No. 20-1411 (4th Cir. 2021)Annotate this Case
Sardis was attempting to adjust a container containing a garage door hood on a forklift when the wood slat constituting the container’s handhold broke off, causing him to fall off a ladder rack and hit his head on the pavement nine feet below. He died two weeks later. His estate sued, alleging that ODC was negligent in designing the container’s handholds, and had a duty to warn foreseeable users of the container to not rely on the handholds for pulling it. The estate offered Sher Singh, Ph.D., a packaging design engineer, as its sole expert on design defects and Michael Wogalter, Ph.D., who described himself as an expert on “human factors,” as the sole expert on failure to warn. The court rejected “Daubert” challenges to both experts. The jury rendered a $4.84 million verdict.
The Fourth Circuit reversed. The district court abdicated its critical gatekeeping role to the jury and admitted Singh’s and Wogalter’s “irrelevant and unreliable” testimony without engaging in the required Rule 702 analysis. Without that testimony, the estate offered insufficient admissible evidence as a matter of law to prevail on any of the claims. Even if an expert provides relevant testimony as to how an allegedly defective product breached a governing industry standard (which Singh did not), that says nothing about whether the expert reliably opined that said breach caused a plaintiff’s harm. Wogalter’s testimony was incompatible with the governing Virginia “reason to know” standard.