Saturday, January 05, 2008

8th Circuit Reverses Exclusion of Accident Reconstruction Experts

The Eighth Circuit has reversed a trial court decision that excluded testimony from plaintiffs' accident reconstruction experts and awarded summary judgment to defendants. The district court relied in part on differences between conditions in the experts' testing and during the accident. Those differences were not so substantial, the appellate panel held, as to render the experts' opinions unreliable. See Sappington v. Skyjack, Inc., No. 06-3855 (8th Cir. Jan. 4, 2008) (Bye, Bowman, & Smith, 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.