Saturday, March 25, 2006

Testimony on Fire Causation Should Have Been Admitted as Expert Evidence, Not Lay Opinion, Says Nebraska Supreme Court

It was error to admit testimony on fire causation only as lay opinion when it should have been admitted as expert evidence, the Nebraska Supreme Court ruled yesterday. The high court concluded that the error was sufficiently prejudicial to warrant a new trial. See Perry Lumber Co. v. Durable Servs., Inc., 271 Neb. 303 (2006).

posted by pn at 10:26 PM  

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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.