Saturday, April 01, 2006

Fifth Circuit Upholds Exclusion of Engineering, Human Factors Testimony in Products Case

In an unpublished decision, a Fifth Circuit panel has upheld the trial court's exclusion of testimony from engineering and human factors witnesses in a products case. Both witnesses, the panel held, failed to test their proposed designs and warnings. See Vandiver v. Ohio River Co., LLC, No. 05-60533 (5th Cir. Mar. 30, 2006) (Barksdale, Stewart, & Clement, JJ.).

posted by pn at 1:33 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.