10th Circuit Upholds Causation Testimony in Products Suit

The Tenth Circuit has published an opinion upholding the trial court's ruling admitting the causation testimony of two plaintiffs' experts in a products liability suit arising from a gas explosion. In an extended discussion, the court approved the experts' reliance on inferential methods bearing a close resemblance to differential diagnosis, but which the Tenth Circuit panel preferred to call "reasoning to the best inference" in the non-medical context. See Bitler v. A.O. Smith Corp., No. 02-1527 (10th Cir. Dec. 6, 2004) (Lucero, McKay, & Hartz, JJ.).