Too Speculative for Fire Expert to Blame Dog, Says 3d Circuit

In a subrogation action against the manufacturer of a halogen lamp suspected of causing the fire that burned the insured's house to the ground, the Third Circuit has upheld the district court's ruling excluding testimony from the subrogee's fire expert. The expert's theory was that the insured's dog knocked over the lamp, igniting the drapes. But blaming the dog was pure speculation not founded on any discernible methodology, said the Third Circuit panel. And once there was nothing to bring the lamp in contact with the drapes, the rest of the expert's causation testimony would not have been helpful to the trier of fact. See State Farm Fire & Cas. Co. v. Holmes Prods., Inc., No. 04-4532 (Jan. 31, 2006) (Barry, Ambro, & Aldisert, JJ.) (unpublished).