G.M. v. Petsmart, Inc.

127 F. Supp. 3d 960, 2015 U.S. Dist. LEXIS 114402, 2015 WL 5095726
CourtDistrict Court, S.D. Indiana
DecidedAugust 28, 2015
DocketNo. 3:13-cv-00156-RLY-WGH
StatusPublished
Cited by1 cases

This text of 127 F. Supp. 3d 960 (G.M. v. Petsmart, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
G.M. v. Petsmart, Inc., 127 F. Supp. 3d 960, 2015 U.S. Dist. LEXIS 114402, 2015 WL 5095726 (S.D. Ind. 2015).

Opinion

ENTRY ON DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

RICHARD L. YOUNG, Chief Judge.

Plaintiffs, Trista McCoy, Rickey McCoy (“Plaintiffs” or “the McCoys”), as parents of G.M., brought the present lawsuit against Defendants, PetSmart, Inc., Rainbow Exotics, Inc. (“Rainbow”), and Slam Ventures, Ltd. d/b/a The Mouse Farm (“The Mouse Farm”) after G.M. suffered from rat bite fever allegedly contracted from the pet rats his mother bought at PetSmart. The Defendants each moved for summary judgment. The Plaintiffs have opposed each motion, and the court heard oral argument on the motions on August 17, 2015. After considering the motions, supporting briefs and arguments of the parties, the court now GRANTS the Defendants’ motions.

I. Background

On September 9, 2011, Trista McCoy purchased two pet rats from a PetSmart store located in Evansville, Indiana, to give to their children. PetSmart purchased the rats from Rainbow World, who purchased the rats from their breeder, The Mouse Farm. At the time of the purchase from PetSmart, Trista signed a Pet Sales Record & Customer Contract. Trista did not read the Customer Contract, which contained warnings in regards to several types of animals that may be purchased at PetSmart.

In March 2012, G.M. began complaining of fever, rashes, and joint pain. His pediatrician, Dr. Pamela Rogers saw him at that time. Dr. Rogers consulted the Red Book Atlas of Pediatric Infectious Diseases to investigate G.M.’s symptoms. She did not [962]*962feel qualified to diagnose rat bite fever; as such, she referred G.M. to Riley Children’s Hospital (“Riley”) in Indianapolis, Indiana. On April 6, 2012, G.M. was admitted to Riley based upon his complaints of fever, rash, and joint pain. Dr. Kathleen Boyd diagnosed G.M. with rat bite fever1 and discharged him on April 7, 2012.

Plaintiffs filed the present lawsuit against PetSmart, Rainbow World, and The Mouse Farm as a result of G.M.’s diagnosis of rat bite fever. Specifically, Plaintiffs seek damages under the following theories: (1) products liability, (2) common law negligence, (3) emotional distress, and (4) future damages. Defendants, moving separately, each filed for summary judgment.

II. Standard

The purpose of summary judgment is to “pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.” Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Summary judgment is appropriate if the record “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). A genuine issue of material fact exists if there is sufficient evidence for a reasonable jury to return a verdict in favor of the non-moving party on the particular issue. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

III. Discussion

A. The Necessity of an Expert Witness

Defendants argue that an expert witness is necessary to show causation in this matter. Plaintiffs disagree. . To prove their claims, Plaintiffs must establish general causation and specific causation. Myers v. Ill. Cent. R.R. Co., 629 F.3d 639, 643 (7th Cir.2010). Plaintiffs argue that general causation — that rat bite fever can be contracted from rat’s bite or scratch— can be shown through Defendant PetS-mart’s expert, Dr. Elliott. In response, Defendants note that Plaintiffs failed to designate Dr. Elliott as a witness, and as such, they are not required to make him available to testify. Presuming Defendants choose this strategy, Plaintiffs would have no manner in which to show that a pet rat could have caused G.M.’s illness. Thus, Plaintiffs would not be able to establish general causation as required by their claims of product liability and negligence.

Even if Plaintiffs could establish general causation, they still must establish specific causation — G.M. contracted rat bite fever from his pet rats — through expert testimony. As the Seventh Circuit has held, “when there is no obvious origin to any injury and it has multiple etiologies, [963]*963expert testimony is necessary to establish causation.” Id.; see also Higgins v. Koch Dev. Corp., 794 F.3d 697 (7th Cir.2015). Further, under Indiana law, “questions of medical causation of a particular injury are questions of science necessarily dependent on the testimony of physicians and surgeons learned in such matters.” Armstrong v. Cerestar USA, Inc., 775 N.E.2d 360, 366 (Ind.Ct.App.2002) (quoting Hannan v. Pest Control Servs., Inc., 734 N.E.2d 674, 679 (Ind.Ct.App.2000)).

Here, the evidence is undisputed that rat bite fever has multiple potential etiologies, including rodents such as, rats, mice, gerbils, and invertebrates, such as mosqui-tos, ticks, mites, or fleas that have fed on an infected rodent. (Supplemental Affidavit of Dr. Sean Elliott ¶¶ 10-11). Further, the evidence establishes that G.M. was bitten by a tick at or around the time he contracted rat bite fever. Plaintiffs respond with a supplemental affidavit provided by G.M.’s treating physician in an attempt to eliminate the tick bite as the cause of the infection. (Affidavit of Pamela Rogers, M.D. ¶4) (stating that “she observed no redness or rash at the site of the tick bite, and the patient had no complaints of joint pain, which would typically be signs and symptoms of a tick-borne illness”).

Dr. Rogers has admitted she is not qualified to diagnose rat bite fever and has offered no explanation as to how she is qualified to testify as to the causation of that disease. (Deposition of Dr. Rogers 9:6-16). Thus, she cannot eliminate the tick bite as a possible cause of G.M.’s disease. Even if this evidence would be enough to eliminate the tick bite as a cause or to create a material question of fact regarding the tick bite, Plaintiffs have not eliminated the several other etiologies provided by Dr. Elliott. Therefore, the court finds that expert testimony is needed to show causation. Without such testimony, Plaintiffs are unable to carry their burden on the products liability claims and negligence claims. As such, the court must grant summary judgment in favor of Defendants on those claims.2

B. Damages Claimed by the Parents

The only remaining claims are the damages sought by Trista and Rickey, McCoy for the damages related to G.M.’s illness, specifically $8,276.70 in past medical expense for Trista, an unspecified amount of future medical expenses, and over $30,000 in lost wages for Trista and an unspecified amount of lost wages for Rickey. Additionally, Trista alleges she has anxiety and stress, which has resulted in her suffering from gastroparesis, gastrointestinal issues, and worsened irritable bowel syndrome.

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Bluebook (online)
127 F. Supp. 3d 960, 2015 U.S. Dist. LEXIS 114402, 2015 WL 5095726, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gm-v-petsmart-inc-insd-2015.