Sunday, October 17, 2004

9th Circuit Upholds Exclusion of Chainsaw Testimony

In an unpublished opinion, the Ninth Circuit has upheld the trial court's exclusion of expert testimony about a chainsaw in a failure-to-warn claim. See Bobacher v. Wacker USA Corp., No. 03-15752 (9th Cir. Oct. 15, 2004) (Trott, McKeown, & Shadur, 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.