Friday, November 24, 2006

8th Circuit Upholds Exclusion of Fire Expert's Testimony

The Eighth Circuit has published an opinion upholding the trial court's exclusion of testimony from plaintiff's fire expert in an exploding heater case. The opinion says the expert supported his causation opinion only with "vague theorizing based on general principles," not with testing or engineering analysis. See Pro Service Automotive, L.L.C. v. Lenan Corp., No. 06-1324 (8th Cir. Nov. 22, 2006) (Wollman, Riley, & Gruender, JJ.).

posted by pn at 4:28 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.