In Stevenson v. Windmoeller & Hoelscher Corp., No. 21-2107 (July 7, 2022) N.D. Ill., E. Div., the Seventh Circuit affirmed the entry of summary judgment against the plaintiff in his product liability action. Plaintiff alleged that he sustained injuries arising out of his attempt to clean component of defendant’s printing press when plaintiff fell off ladder that had caught itself on cable attached to printing press, Dist. Ct. did not abuse its discretion in denying plaintiff’s request for appointment of neutral expert pursuant to Rule 706. Dist. Ct. eventually granted defendant’s motion for summary judgment after noting that plaintiff had failed to submit any expert testimony to support his theory of case. Dist. Ct. could properly find that plaintiff was essentially asking for appointment of expert to support his own case, rather than neutral expert to aid Dist. Ct. as contemplated by Rule 706. Moreover, while plaintiff claimed that he could not afford expert, he could have sought reimbursement for reasonable expert witness fees and expenses through Local Rule 83.40. Also, plaintiff failed to show either that: (1) appointment of neutral expert was required because Dist. Ct.’s own consideration of evidence and issues presented was hampered by lack of independent expert; or (2) neutral expert would have supported his theory of recovery.
