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Keywords

plaintiffdefendanttestimonymotion

plaintiffdefendanttrialtestimonymotionwillexpert witnesswitness testimony

Related Cases

Rossi v. Groft, Not Reported in F.Supp.2d, 2013 WL 1632065

Facts

Anthony Rossi, aged 27 at the time of the accident, suffered injuries that led to a claim of permanent disability. Prior to the accident, he worked as a loan officer and was in the process of applying for a deputy sheriff position. Rossi retained expert David Gibson to assess his loss of earning capacity, which Gibson estimated to be between $957,344 and $1,101,934 based on various economic factors and comparisons.

Rossi has retained expert vocational economist David Gibson to opine as to Rossi's loss of earning capacity due to his injuries.

Issue

The main legal issues were whether the expert testimony of David Gibson should be admitted and whether the defendants' experts should be barred from testifying.

Before the court are Defendants' Rule 702 Daubert Motion to Strike David Gibson's Expert Report and Opinions and to Bar Him from Testifying at Trial, and Plaintiff's Renewed Motion to Bar Defendant[s'] Experts Rosemarie Nolan and John [K]och.

Rule

Under Federal Rule of Evidence 702, expert testimony is admissible if it is based on sufficient facts or data, is the product of reliable principles and methods, and has been reliably applied to the facts of the case.

Federal Rule of Evidence 702, which governs the admission of expert witness testimony, provides: A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if: (a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c) the testimony is the product of reliable principles and methods; and (d) the expert has reliably applied the principles and methods to the facts of the case.

Analysis

The court found that Gibson's methodology for estimating Rossi's loss of earning capacity was sufficiently reliable and based on appropriate data. The defendants' arguments against Gibson's assumptions were not compelling enough to exclude his testimony, as the court emphasized the jury's role in evaluating the soundness of the expert's analysis.

Mr. Gibson's opinions, including his opinion that Rossi is reasonably represented by the median proxy person, are based on sufficient facts and data to be admissible, provided, of course, that Rossi presents evidence that his earning capacity has been impaired by the injury.

Conclusion

The court denied the defendants' motion to strike Gibson's testimony and granted the plaintiff's motion to bar the defendants' experts from testifying, finding their proposed testimony irrelevant.

Accordingly, defendants' motion to strike Mr. Gibson's report and bar his testimony is denied.

Who won?

The plaintiff, Anthony Rossi, prevailed as the court granted his motion to bar the defendants' experts and allowed his expert's testimony, supporting his claims of lost earning capacity.

The court granted Rossi's motion to bar the defendants' experts from testifying, finding their proposed testimony irrelevant to the case.

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