Construction Litigation Team Successfully Excludes Causation and Damages Experts in Mass Tort Construction Cases
November 16, 2022
In 18 remaining allegedly defective Chinese Drywall cases pending in the Southern District of Florida, Danny Dysart, Rebekka Veith, and Kerry Miller, members of Fishman Haygood’s Construction Practice Group, prevailed in a Daubert hearing on behalf of firm clients, Knauf Plasterboard Tianjin and Knauf Gips, KG. Click here to read the full opinion.
On the causation expert, the court found that the expert’s opinions were unreliable and could not assist the trier of fact. In ruling, the court quoted at length passages from the expert’s deposition taken by Dysart, in which the expert admitted to several alternative causes to the complaint. These causes were not evaluated by the expert in his report.
As to damages, Fishman Haygood successfully excluded the expert by pointing out several inconsistencies in his report, which caused the court to conclude that the expert’s opinions were speculative. Additionally, the court ruled that it was improper for the damages expert to include damage items in his report, which had been previously dismissed as unrecoverable pursuant to Florida’s economic loss rule.
Knauf Gips, KG and related companies is one the world’s largest manufacturers of building and construction materials.
Fishman Haygood represents manufacturers, owners, developers, contractors, subcontractors, suppliers, equipment lessors, design professionals, and insurers in all aspects of construction litigation. Click here to learn more about the firm’s construction group.