Saturday, January 24, 2004

4th Circuit Sustains Exclusion of Mechanical Engineer's Testimony

The Fourth Circuit has upheld the trial court's exclusion of testimony by a mechanical engineer who opined that defects in a swim ladder on a yacht caused the plaintiff's injuries. And yes, true to Fourth Circuit form, the decision is unpublished. See Higginbotham v. KCS Int'l, Inc., No. 02-1527 (4th Cir. Jan. 23, 2004) (Wilkins, King, & Gregory, JJ.).

posted by pn at 4:40 PM  

Fed. R. Evid. 702: If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.