Elosu v. Middlefork Ranch, Inc., No. 21-35309 (9th Cir. 2022)
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A fire swept through a cabin in the Idaho wilderness. Nobody was at home, and neither residents, neighbors, nor first responders saw the cabin catch fire. The owners claimed that the fire was caused by a negligent employee of Middlefork, the homeowners’ association. An expert report prepared by fire investigator Koster hypothesized that an open-flame pilot light at the cabin ignited combustible vapors from an excessive oil stain that had been applied to the wooden deck the previous day.
The district court excluded Koster’s testimony as speculative, uncertain, and contradicted by multiple eyewitness accounts. The Ninth Circuit reversed, stating that the district court improperly assumed a fact-finding role. Although a court may screen an expert opinion for reliability and may reject testimony that is wholly speculative, it may not weigh the expert’s conclusions or assume a fact-finding role. In its opinion, the district court took issue only with the expert’s ultimate conclusions. In its findings, the district court disregarded much of the expert’s scientific analysis, weighed the evidence on record, and demanded corroboration – fact-finding steps that exceeded the court’s gatekeeping role.
Court Description: Expert Testimony The panel reversed the district court’s partial grant of Middlefork Ranch Inc.’s motion to exclude expert testimony and the subsequent entry of summary judgment in a diversity negligence action, and remanded for further proceedings. Plaintiffs were the owners of a vacation cabin in Idaho that burned. An expert report prepared by fire investigator Michael Koster hypothesized that an open-flame pilot light ignited combustible vapors from an oil stain on a wooden deck and sparked the fire that burned the entire structure to the ground. The district court excluded Koster’s testimony, finding that the substance of his opinion was speculative, uncertain and contradicted by multiple eyewitness accounts. The panel held that the district court improperly assumed a factfinding role in this case. Although a court may screen an expert opinion for reliability, and may reject testimony that is wholly speculative, it may not weigh the expert’s conclusions or assume a factfinding role. In the plain text of its opinion, the district court took issue only with the expert’s ultimate conclusions. In its findings, the district court disregarded much of the expert’s scientific analysis, weighed the evidence on record, and demanded corroboration – factfinding steps that exceeded the court’s gatekeeping role. ELOSU V. MIDDLEFORK RANCH 3
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