Friday, June 30, 2006

First Circuit Gives Vocabulary Lesson, Upholds Slip and Fall Testimony

Using the words "encincture" and "tribologist," the First Circuit has upheld a district court's decision admitting a mechanical engineer's testimony about a defective swimming pool stairway in a slip-and-fall case. See Santos v. Posadas de Puerto Rico Assocs., Inc., No. 05-2070 (1st Cir. June 29, 2006).

Update 6/30/06: We're not the only ones who noticed the big words.

posted by pn at 6:43 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.