Thursday, September 07, 2006

1st Circuit Upholds Exclusion of Engineer's Opinion on Ladder Defect

The First Circuit has upheld the exclusion of testimony from the plaintiff's engineering expert in a products case involving an allegedly defective ladder. See Beaudette v. Louisville Ladder, Inc., No. 05-2685 (1st Cir. Sept. 6, 2006) (Torruella, Lynch, & Howard, JJ.).


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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.