This section contains the nature of the case and procedural background.

This was a wrongful death action for an alleged defect in an electric baseboard heater, manufactured by Marley Company (D). Weisgram (P) introduced the testimony of three witnesses, proffered as experts, in an endeavor to prove the alleged defect in the heater and its causal connection to the fire. D objected because this testimony was unreliable and therefore inadmissible under Federal Rule of Evidence 702 (Daubert). At the close of P's evidence, and again at the close of all the evidence, D unsuccessfully moved under Federal Rule of Civil Procedure 50(a) for judgment as a matter of law on the ground that plaintiffs had failed to meet their burden of proof on the issues of defect and causation. P got the verdict and D once again requested judgment as a matter of law, and additionally requested, in the alternative, a new trial, pursuant to Rules 50 and 59. The Eighth Circuit held that D's motion for judgment, as a matter of law, should have been granted. After excluding the expert testimony, the appeals court then considered the remaining evidence in the light most favorable to P, found it insufficient to support the jury verdict, and directed judgment as a matter of law for D. The holding stated that it was not a close case and that P had a fair opportunity to prove the claim and had failed to do so. The dissent held that a new trial was in order.

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