Whirlpool v. Camacho, 298 S.W.3d 631 (Tex. 2009)
Haynes and Boone Team:
, Trachtenberg, Mark
, Tort and Products Liability Appeals
Obtained reversal from the Texas Supreme Court of a $14 million products liability judgment arising out of a fire because the plaintiffs’ expert’s causation testimony was scientifically unreliable. The Court held that both Texas tests for reliability – the “analytical gap” test and the Robinson
-factor test – typically should be used in evaluating expert testimony, and that an expert must offer a convincing explanation for failing to test critical aspects of his theories when such testing is possible.