Cripe v. Henkel Corp., No. 17-1231 (7th Cir. 2017)Annotate this Case
While working on his employer’s roof, Cripe was exposed to fumes from PUR‐FECT LOK® 834A, a glue made by Henkel. and containing methylene diphenyl diisocyanate (MDI). Cripe claims that exposure to MDI caused him neurological and psychological problems, which could have been avoided by better warnings. The district court granted Henkel summary judgment, ruling that a toxic‐tort claim under Indiana law depends on expert proof of causation and that the Cripe had not produced such evidence. Cripe identified only one expert—Robinson, a specialist in the language of warnings, who disclaimed any opinion on causation. The Seventh Circuit affirmed. Cripe had not disclosed treating physicians as experts under FRCP 26(a)(2)(A). The fact that Robinson attached the physicians’ reports to her own did not indicate that they would function as experts. Rule 26(a)(2) requires more than disclosure of a potential expert’s name; documents attached to Robinson’s report did not contain any of the required information. Most of the physicians’ evaluations summarized Cripe’s symptoms and proposed treatment without discussing causation. None suggested a mechanism by which MDI would have caused the symptoms. By contrast, Henkel provided the district court with a comprehensive evaluation of MDI prepared by the World Health Organization.