Thursday, December 16, 2004

5th Circuit Upholds Exclusion of Testimony re Forklift Design

The Fifth Circuit has published an opinion upholding the trial court's exclusion of an engineering expert's opinion about the allegedly defective design of a forklift. The testimony was faulted for want of testing, and for other flaws including a lack of clear and specific proposals for design alternatives. See Guy v. Crown Equipment Corp., No. 03-60760 (5th Cir. Dec. 15, 2004) (Garwood, Jolly, & Barksdale, JJ.).

posted by pn at 11:22 AM  

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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.