HUSS v. SHARKNINJA OPERATING LLC

CourtDistrict Court, S.D. Indiana
DecidedJanuary 21, 2025
Docket1:23-cv-01435
StatusUnknown

This text of HUSS v. SHARKNINJA OPERATING LLC (HUSS v. SHARKNINJA OPERATING LLC) 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
HUSS v. SHARKNINJA OPERATING LLC, (S.D. Ind. 2025).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

VIRGINIA IRIS HUSS, ) ) Plaintiff, ) ) No. 1:23-cv-01435-JMS-MKK vs. ) ) SHARKNINJA OPERATING LLC, ) ) Defendant. )

ORDER While making a fudge recipe, Plaintiff Virginia Huss used a Ninja BL660 blender designed, manufactured, and sold by Defendant SharkNinja Operating LLC ("SharkNinja") to blend a mixture of chocolate chips that she had microwaved for 60 to 90 seconds. After blending, Ms. Huss attempted to twist open the blender lid and the lid shot off the blender cup, causing scalding hot fudge to explode and burn Ms. Huss's face, chest, arms, and hands. Ms. Huss initiated this action against SharkNinja, asserting various claims under the Indiana Product Liability Act, Ind. Code §§ 34-20-1-1 to -9-1 ("IPLA"). [Filing No. 11.] SharkNinja has filed a Motion to Exclude Expert Testimony of Derek King and a Motion for Summary Judgment, both of which are ripe for the Court's consideration. [Filing No. 63; Filing No. 65.] I. SCOPE OF MS. HUSS'S CLAIMS

At the outset, the Court sets forth the parameters of Ms. Huss's remaining claims. Ms. Huss originally asserted claims under the IPLA for a design defect, a manufacturing defect, and a failure to warn of the dangers of using the blender, but abandoned the manufacturing defect and failure-to-warn claims in her response to SharkNinja's Motion for Summary Judgment. [Filing No. 71 at 13 (Ms. Huss stating "[b]ased on the existing record,…Plaintiff concedes her manufacturing defect claims and failure-to-warn defect claims…. Plaintiff respectfully asks that her design defect claims, and negligence claims remain intact.").]1 SharkNinja filed its Motion to Exclude and its Motion for Summary Judgment simultaneously, and portions of its briefs apply to

claims that Ms. Huss has since abandoned. The Court only addresses the pending motions as they relate to Ms. Huss's remaining design defect claim under the IPLA. The only design defect theory that Ms. Huss posits in her Amended Complaint is that the blender's fast-moving blade heats cool or room temperature food which creates friction and, ultimately, causes the blender contents to explode when the user opens the blender cup (the "Cool to Explosively Hot Theory"). Ms. Huss supports her Cool to Explosively Hot Theory with the following allegations in the Amended Complaint: • The blender is defectively designed because "the extremely fast-moving blade of the blenders heat the contents of the sealed bullet-shaped canister, which can (and does) unexpectedly explode when being used in its normal and intended manner by consumers…. In a matter of [a] short amount of time, the fast- spinning blades can unexpectedly heat up its contents, such that if the blender explodes, the user is at risk of severe burns or lacerations and injuries requiring medication attention." [Filing No. 11 at 1-2.]

• "During the normal, as-directed use of [the blender], a consumer puts cool or room temperature food into the plastic 'bullet' cup. Once the cup is secured to the blade assembly and placed onto the unit's base, the user is able to run the blender by pressing down on the cup. The blades then rotate, creating friction as they cut and chop the cup's contents, which in turn causes the contents to heat up." [Filing No. 11 at 4.]

1 Although Ms. Huss refers to a "negligence" claim, she only asserts claims under the IPLA in the operative First Amended Complaint. [Filing No. 11 at 6-8.] In any event, her design defect claim under the IPLA is evaluated using a negligence standard. Kaiser v. Johnson & Johnson, 947 F.3d 996, 1008 (7th Cir. 2020). • "As the temperature rises inside the cup, the pressure from the frictional energy also rises. The temperature can get so hot that the pressure inside the cup forces the cup to separate from the blade while the blender is still running. This can cause the hot contents of the cup to explosively project outward without warning, landing on anyone and anything nearby." [Filing No. 11 at 4.]

• "Even if the cup does not separate from the blender while in use, the user is still at risk. If the contents of the cup are hot and under pressure when the cup is opened, the hot contents can again be explosively ejected onto the user, causing se[ve]re lacerations from a detached blade." [Filing No. 11 at 4.]

Mr. King sets forth three other design defect theories in his Expert Report: (1) that the threaded connection between the blender cup and the blade assembly is "susceptible to slippage and so it may separate…before venting can occur" (the "Thread Slippage Theory"), [Filing No. 63-1 at 5]; (2) that "the threaded connection was under load (from internal pressure) and also at an elevated temperature" and "[i]t is likely that one or both materials experienced some softening due to temperature which contributed to the threads failing to keep the blade assembly fastened to the cup long enough for the pressure to vent" (the "Softening Materials Theory"), [Filing No. 63-1 at 10]; and (3) that Ms. Huss had observed that the blade assembly "kind of untwists itself the rest of the way," which Mr. King found was "consistent with the force from internal pressure being transferred into a rotational motion due to the slope of the threaded connection between the cup and blade assembly" (the "Spontaneous Untwisting Theory"), [Filing No. 63-1 at 6]. As to each of these theories, the Court considers whether Mr. King's expert opinion should be excluded and whether SharkNinja is entitled to summary judgment. II. MOTION TO EXCLUDE

A. Applicable Law Federal Rule of Evidence 104 instructs that "[t]he court must decide any preliminary question about whether a witness is qualified…or evidence is admissible." Fed. R. Evid. 104(a). Federal Rule of Evidence 702, which was amended effective December 1, 2023, provides that expert testimony is admissible if "the proponent demonstrates to the court that it is more likely than not that: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on

sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert's opinion reflects a reliable application of the principles and methods to the facts of the case." Fed. R. Evid. 702. While "[n]othing in the amendment imposes any new, specific procedures," the Committee Notes reflect that the purpose of the amendment was to clarify and emphasize: (1) the applicability of the "preponderance of the evidence standard," that is, that "expert testimony may not be admitted unless the proponent demonstrates to the court that it is more likely than not that the proffered testimony meets the admissibility requirements set forth in [Rule 702]"; and (2) that "each expert opinion must stay within the bounds of what can be concluded from a reliable application of the expert's basis and methodology." Fed. R. Evid. 702 advisory committee's note to 2023 amendment.

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HUSS v. SHARKNINJA OPERATING LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huss-v-sharkninja-operating-llc-insd-2025.