Simultaneous Explosion?

Amy West suffered lacerations on her legs when a bottle of carbonated soda exploded. She claimed that it exploded on one of the lower grocery shelves as she reached up for another bottle of carbonated soda. Amy's attorney, Martin Leonard, hired engineer Dan Collins to testify.

During cross-examination, the opposing attorney asked Dan, "Wouldn't simultaneous explosion leave some residue on the shelf?" Dan knew that a spontaneous explosion would likely have left some residue on the shelf. He knew that the only residue was on the floor, suggesting that Amy West may have dropped the bottle. But he also knew that Amy's attorney did not want him to "volunteer" helpful information to the defendants. He pondered his options. Should he say, "Yes," implicitly correcting the other attorney? Should he ask the other attorney if he meant to say "spontaneous"? Or should he respond in a way that would not provide the sort of answer the opposing attorney was undoubtedly seeking?

What relevant facts are presented? Discuss any factual, conceptual, or application questions this case raises.

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