Fla. Judge Again Excludes Expert’s Alternate Theory for Domestic Drywall Damage

FORT MYERS, Fla. — A federal judge has again ruled that plaintiffs in a domestic drywall class action cannot offer supplemental testimony based on a new theory of how the product causes damage to components in a Florida home. Brucker, et al. v. Lowe’s Home Centers Inc., et al., No. 10-405 (M.D. Fla.).

Judge John E. Steele of the U.S. District Court for the Middle District of Florida ruled June 15 that new expert reports and testimony offered on behalf of the plaintiffs by Drs. David C. Straus and John Sam Sutton should be excluded because they were submitted well …