Thursday, August 23, 2012

Expert Testimony Improperly Admitted

Hoffman v. Ford Motor Company, 2012 WL 3518990 (8/16/12) (Col.) (unpub'd) - The 10th stands up for Ford Motor Company and provides an opinion that could be used to contest a d. ct.'s admission of expert testimony. The d. ct. did not make sufficient reliability findings and the expert testimony was not relevant or reliable. The expert did not connect his experiments on seat buckles to the amount of g-force that the seat buckle in the actual accident could have been exposed to. The 10th pooh-poohed the argument that there weren't any experiments out there that could show what the g-force was on the seat buckle in the actual accident. The 10th stressed that the burden is on the proponent of the expert to show the expert's testimony was relevant and reliable. Judge McKay dissented, objecting that the majority did not afford the d. ct,. the substantial deference it was due.