Thursday, August 03, 2006

8th Circuit Upholds Exclusion of Toxicologist's Causation Testimony

The Eighth Circuit released an opinion today upholding the trial court's exclusion of a toxicologist's opinion that the plaintiff's health condition was caused by exposure to hydrogen sulfide gas released from the defendant's wastewater treatment lagoons. See Marmo v. Tyson Fresh Meats, Inc., No. 05-1906 (8th Cir. Aug. 3, 2006) (Arnold, Smith, & Magnuson, JJ.).


Cliff Hutchinson writes ...

This is a case with numerous expert flaws from late designation to analytical failings. Plintiff claimed permanent injury from hydrogen sulfide, and that's certainly unlikely given that H2S is one of the few toxicants that is so pungent that exposure is self limiting. Exposed persons will leave the area before suffering a permanent injury. It is interesting that Plaintiff pulled her intial expert, Kaye Kilburn, in the face of a Daubert motion. Must have been an effective brief.

11:57 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.