Stilwell

Plaintiff and appellant Lisa Stilwell (“Stilwell”) sustained two broken legs in a 1995 automobde accident. During her surgical treatment and recovery, doctors twice implanted a Russell-Taylor metal reconstruction nail (“RT nail”) to stabilize a compound subtrochanteric fracture of her right femur. These two nails failed during the healing process, causing Stilwell pain, suffering, and disability. She brought this action against the defendant and appellee Smith & Nephew, Inc., manufacturer of the devices. Stilwell asserted claims based on strict liability, negligence, and breach of warranty. The district court rejected her claims for lack of proof of causation and ordered summary judgment in favor of Smith & Nephew. Stilwell asserts a single issue on appeal. She argues that the district court erred by barring the expert testimony of a metallurgist, Arun Kumar, Ph.D., under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 , 113 S.Ct. 2786 , 125 L.Ed.2d 469 (1993), and its progeny. Stilwell relied on the expert opinion to prove causation and, after the court’s Rule 702 order, conceded that she could not prevail. We conclude that the court…