Dona Trnovska Gilliland

Dona Gilliland helps clients as they navigate the ever-changing landscape of the insurance industry and assists them in disputes related to claims obligations, policy lapses, annuity transactions, bad faith and fraud claims. Dona helped obtain summary judgment on behalf of a defendant-insurer regarding an issue of first impression related to allegations of improper underwriting discrimination. She also helps defend insurers, global service and technology industry clients in matters related to complex commercial litigation and product liability disputes.

View the full bio for Dona Trnovska Gilliland at the Faegre Drinker website.

Articles by Dona Trnovska Gilliland:


Missing the Mark: Summary Judgment Granted Where Plaintiff’s Experts Opine on Defect but Fail to Support Causation

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Product liability claims require proof of causation.  To be sure, they also require proof of some defect in the product and/or its accompanying warnings and product literature.  But defect and causation are separate elements of a prima facie claim, and both must be established – usually, through expert testimony.  As we have discussed on multiple occasions (for example, here and here), a plaintiff’s failure to offer admissible expert testimony on each element can lead to summary judgment.  A recent decision from the Eastern District of Pennsylvania offers yet another illustration.

In Slatowski v. Sig Sauer, Inc., 2024 WL 1078198 (E.D. Pa. Mar. 12, 2024), the plaintiff was an Immigration and Customs Enforcement (“ICE”) officer who was injured when his pistol fired unintentionally during a marksmanship training exercise.  He sued the gun manufacturer, alleging that a design defect in the gun’s integral safety feature – specifically, the lack of a tabbed trigger – caused the firearm to discharge unintentionally. The plaintiff proffered two experts in support of the claim:  a gunsmith and a certified firearms instructor and range safety officer with a Ph.D. in ergonomics.  The defendant moved to exclude both experts’ opinions and also moved for summary judgment, arguing that the plaintiff had no admissible expert testimony to establish causation.

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