June 12, 2020

Lack of Admissible Expert Evidence Combusts PAM Can Claims in EDNY

Faegre Drinker on Products

In a decision reinforcing the importance of expert testimony in design defect and failure to warn cases, the Eastern District of New York recently dismissed claims against the makers of PAM cooking spray.

In Urena v. ConAgra Goods, Inc., et al., civil action no. 16-cv-5556, husband and wife plaintiffs sued ConAgra Goods, Inc. and DS Containers, Inc. alleging design defect, failure to warn and loss of consortium claims under New York law after a can of PAM cooking spray exploded in the plaintiff’s hand as she was preparing dinner. Discovery revealed that the plaintiffs were not certain whether the plaintiff’s burns were caused by the canister, its contents, the fire that erupted on the stovetop or hot oil that was cooking on the stove.

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