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Coene v. 3M Company

United States District Court for the Western District of New York

2017 WL 1046749 (2017)

Relevant factsFree

Robert Coene (plaintiff), a Kodak technician who spent most of his time 3D-printing camera parts using silica-and-nylon or silica-and-resin powders melted by lasers, wore a 3M (defendant) respirator mask during printing, sandblasting, and brushing but developed silicosis and lung scarring; he sued 3M, claiming the mask failed. His expert, toxicologist Dr. Meggs, reviewed the printing process, the powders used, technical literature on silica crystallization during heating, and Coene's medical records, concluding the sintering process created crystalline silica that caused Coene's silicosis. 3M moved for summary judgment, arguing Meggs's opinion was unreliable and inadmissible under Daubert because he lacked specific expertise in 3D printing and had no quantitative exposure data.

IssueFree

Whether expert opinion that satisfies Federal Rule of Evidence 702 and the Daubert test is admissible to prove that a toxic substance caused the claimant's injury.

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