Johnson v. Arkema, Inc., No. 11-50193 (5th Cir. 2012)
Annotate this CasePlaintiff, a machine repairman at a glass bottling plant filed a personal injury lawsuit against Arkema, Inc., the designer and manufacturer of a device known as a C-4 Hood. Plaintiff claimed that the C-4 Hood, to which he worked in close proximity, proximately caused his restrictive lung disease and pulmonary fibrosis. After excluding the opinions of Plaintiff's expert witnesses on the element of causation, the district court granted summary judgment in favor of Arkema because Plaintiff was unable to prove causation without the opinions of his excluded causation experts. The Fifth Circuit affirmed the district court's judgment in all respects except as to Plaintiff's claims regarding his acute injuries, as Plaintiff's acute injuries were within those limited circumstances where expert opinion was unnecessary. Remanded for further proceedings concerning Johnson's alleged acute injuries.
The court issued a subsequent related opinion or order on June 26, 2012.
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