Mendoza v. SharkNinja Operating, LLC

CourtDistrict Court, D. Colorado
DecidedSeptember 22, 2025
Docket1:23-cv-00601
StatusUnknown

This text of Mendoza v. SharkNinja Operating, LLC (Mendoza v. SharkNinja Operating, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mendoza v. SharkNinja Operating, LLC, (D. Colo. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Nina Y. Wang

Civil Action No. 23-cv-00601-NYW-KAS

JUANITA MENDOZA,

Plaintiff,

v.

SHARKNINJA OPERATING, LLC.,

Defendant.

MEMORANDUM OPINION AND ORDER

This matter comes before the Court on two motions: (1) SharkNinja’s Motion to Exclude Expert Testimony of Derek King (the “Motion to Exclude”), [Doc. 31]; and (2) SharkNinja’s Motion for Summary Judgment (the “Motion for Summary Judgment”), [Doc. 32]. The Court has reviewed the Motions, the related briefing, and the applicable case law. For the following reasons, the Motion to Exclude and Motion for Summary Judgment are respectfully GRANTED. BACKGROUND Plaintiff Juanita Mendoza (“Plaintiff” or “Ms. Mendoza”) alleges that she was injured when using a blender designed and manufactured by Defendant SharkNinja Operating, LLC (“Defendant” or “SharkNinja”). See [Doc. 1 at ¶¶ 1, 26]. Specifically, Plaintiff alleges that Defendant’s NutriNinja blenders are defectively designed in that “the extremely fast-moving blade of the blenders heat[s] 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.” [Id. at ¶ 2]. Ms. Mendoza alleges that when she was using the blender for its intended purpose, the blender’s attached cup was “explosively separate[ed] from the blade base,” which caused the blender’s “scalding hot contents to be forcefully ejected onto” her. [Id. at ¶ 26]. Ms. Mendoza filed this case on March 8, 2023, asserting four causes of action: (1) strict products liability (“Count One”),

[id. at ¶¶ 31–37]; (2) negligence (“Count Two”), [id. at ¶¶ 38–42]; (3) breach of implied warranty of merchantability (“Count Three”), [id. at ¶¶ 43–49]; and (4) breach of implied warranty of fitness for a particular purpose (“Count Four”), [id. at ¶¶ 50–55]. In her Response to SharkNinja’s Motion for Summary Judgment, Plaintiff “concedes her claims for manufacturing defect, failure to warn defect and implied warranties.” [Doc. 34 at 14– 15 (capitalization altered)]. As a result, only Count One asserting strict liability based on a design defect and Count Two asserting negligence remain. Defendant now moves to exclude the testimony of Plaintiff’s liability expert, Derek King (“Mr. King”). [Doc. 31]. Defendant also moves for summary judgment in its favor on Plaintiff’s claims. [Doc. 32 at 21]. The Court addresses the Motion to Exclude first, given

that it may affect the scope of evidence the Court may consider in ruling on the Motion for Summary Judgment. LEGAL STANDARDS I. Rule 702 Rule 702 of the Federal Rules of Evidence provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise 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. “In essence, Rule 702 permits a court to admit expert testimony that is ‘both reliable and relevant.’” Sanderson v. Wyo. Highway Patrol, 976 F.3d 1164, 1172 (10th Cir. 2020) (quoting United States v. Rodriguez-Felix, 450 F.3d 1117, 1122 (10th Cir. 2006)). The party proffering expert testimony has the burden of showing its admissibility by a preponderance of the evidence. Squires ex rel. Squires v. Goodwin, 829 F. Supp. 2d 1041, 1048 (D. Colo. 2011). It is well established that trial courts are charged with the responsibility of acting as gatekeepers to ensure that expert testimony is reliable and relevant. See Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147–52 (1999); Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 588–89 (1993). To fulfill that gatekeeper function, the trial court first analyzes whether the proffered expert is qualified “by knowledge, skill, experience, training, or education” to render their opinions. Fed. R. Evid. 702; Bill Barrett Corp. v. YMC Royalty Co., 918 F.3d 760, 770 (10th Cir. 2019). If the expert is qualified, the trial court must determine whether the expert’s opinions are reliable by assessing the underlying reasoning and methodology. Bill Barrett Corp., 918 F.3d at 770. The court must also determine whether the expert’s opinions are “applicable to a particular set of facts,” i.e., are relevant to the case at hand. Dodge v. Cotter Corp., 328 F.3d 1212, 1221 (10th Cir. 2003). This inquiry “encompasses Rule 702’s requirement that the evidence help the trier of fact to understand the evidence or to determine a fact in issue.” Sanderson, 976 F.3d at 1172 (cleaned up). II. Rule 56 Summary judgment is appropriate “if the movant 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 dispute is genuine if there is sufficient evidence so that a rational

trier of fact could resolve the issue either way. A fact is material if under the substantive law it is essential to the proper disposition of the claim.” Crowe v. ADT Sec. Servs., Inc., 649 F.3d 1189, 1194 (10th Cir. 2011) (cleaned up). At summary judgment, a movant that does not bear the ultimate burden of persuasion at trial does not need to disprove the other party’s claim; rather, the movant must only point the Court to a lack of evidence for the other party on an essential element of that party’s claim. Adler v. Wal-Mart Stores, Inc., 144 F.3d 664, 671 (10th Cir. 1998). Once this movant has met its initial burden, the burden then shifts to the nonmoving party to “set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250 (1986). When considering the evidence in the

record, the Court cannot and does not weigh the evidence or determine the credibility of witnesses. See Fogarty v. Gallegos, 523 F.3d 1147, 1165 (10th Cir. 2008). At all times, the Court views the record in the light most favorable to the nonmoving party. Banner Bank v. First Am. Title Ins. Co., 916 F.3d 1323, 1326 (10th Cir. 2019). ANALYSIS I. The Motion to Exclude SharkNinja seeks to exclude the opinions of Ms. Mendoza’s liability expert, Derek King (“Mr. King”). It argues generally that Mr.

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