Friday, May 19, 2006

8th Circuit Upholds Neurologist's Testimony

The Eighth Circuit released an opinion today upholding evidence from a neurologist in an auto accident case. The neurologist testified, on behalf of the defendant insurer in a bench trial, that the accident did not cause the plaintiff's shoulder problems. See Robinson v. GEICO Gen. Ins. Co., No. 05-3191 (8th Cir. May 19, 2006) (Loken, Bowman, & Smith, JJ.).

posted by pn at 4:11 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.