Thursday, February 16, 2006

Fifth Circuit Upholds Testimony from Admiralty Expert

The Fifth Circuit has published an opinion upholding the admissibility of expert testimony from a master mariner in an admiralty trial. The objecting parties complained that the expert was unqualified to testify to the specific hydrodynamic effects involved in the vessels' collision. But the expert did not in fact testify to any hydrodynamic calculations. He offered only general, qualitative testimony about bow waves, based on his practical experience. See Stolt Achievement, Ltd. v. Dredge B.E. Lindholm, No. 04-20773 (5th Cir. Feb. 14, 2006) (Higginbotham, Wiener, & Dennis, JJ.).

posted by pn at 4:07 PM  

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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.