Thursday, June 17, 2004

4th Circuit Upholds Exclusion of Biomechanics Testimony

In a published opinion, the Fourth Circuit has upheld the exclusion of testimony from a biomechanics expert, who proposed to testify that someone of plaintiff's athletic ability would not have lost her balance while leaning backwards over a railing. See O'Neill v. Windshire-Copeland Associates, LP, No. 02-1271 (4th Cir. June 16, 2004) (Michael, King, & Wooten, JJ.).


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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.