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LEE v. SMITH & WESSON CORP.

No. 13-3597.

760 F.3d 523 (2014)

Mark D. LEE, Plaintiff-Appellant, v. SMITH & WESSON CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

July 29, 2014.

Attorney(s) appearing for the Case

ON BRIEF: Brittany L. Lee , New Orleans, Louisiana, for Appellant. Clem C. Trischler , Pietragallo Gordon Alfano Bosick & Raspanti, LLP, Pittsburgh, Pennsylvania, for Appellee.

ROGERS, J., delivered the opinion of the court, in which SILER, J., joined. KEITH, J. (pp. 528-30), delivered a separate dissenting opinion.

OPINION

ROGERS, Circuit Judge.

Plaintiff Mark Lee was injured while shooting a revolver made by defendant Smith & Wesson Corp. In this product liability suit alleging a defect in the firearm, the only expert evidence regarding how a defect in the firearm could have caused the injury was excluded because the expert's theory was not consistent with aspects of plaintiff's own memory of what happened. The district court accordingly found the evidence inadmissible...

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