Tuesday, September 12, 2006

Engineer's Testimony on 4-Wheel Drive Risks Was Properly Excluded, 8th Circuit Holds

The Eighth Circuit has published a decision upholding the district court's exclusion of an engineer's opinion that defects in a 1998 Nissan Pathfinder's 4-wheel drive system caused a fatal rollover and crash. See Smith v. Cangieter, No. 05-3902 (8th Cir. Sept. 11, 2006) (Murphy, Melloy, & Colloton, JJ.).

posted by pn at 2:36 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.