Thursday, January 20, 2005

Time on Their Hands in Indonesia

According to the Jakarta Post, a three-judge Indonesian trial court has ruled that a Japanese man offered insufficient proof to link his consumption of a bottle of allegedly pesticide-contaminated Coca Cola to his subsequent queasiness, sore throat, and hair loss. "According to expert witness Djaja Surja Atmadja from the University of Indonesia, forensic laboratory test results, and medical examinations, the cola couldn't have made the plaintiff sick," said the chief judge.

The ruling capped an eight-month trial. Stay tuned to see if this becomes an iconic parable among Indonesian advocates of tort reform.
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.