Friday, December 15, 2006

8th Circuit Reverses Exclusion of Fire Expert's Testimony

The Eighth Circuit has reversed the trial court's exclusion of testimony from an expert who opined that a motorized wheelchair scooter was the probable cause of a fire. See Hickerson v. The Scooter Store, No. 06-1647 (8th Cir. Dec. 13, 2006) (Arnold, Bye, & Melloy, 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.