The defective ladder is a much-maligned icon of products liability law. But when an engineering expert gives his opinion on why a ladder fell, is his testimony based on observation or science? The answer is important, because it dictates whether a trial court must conduct a gatekeeper hearing under Daubert in advance of the expert’s testimony.
In a recent Connecticut case, Prentice v. Dalco Electric Inc., the trial judge allowed the expert to testify without such a hearing. This was a mistake, the state Supreme Court ruled on appeal, overturning a $1.2 million verdict for the plaintiff.
Follow me on TwitterMy Tweets
ABA Tech Survey apps Avvo bankruptcy Blawg 100 blogs Bloomberg Law books caselaw Casemaker CLE cloud computing column courts e-discovery experts Fastcase FindLaw IP Italy JD Supra Justia Lawyer2Lawyer Legal Blog Watch legal ethics Legal News LegalTech LexisNexis marketing My Links ODR patents podcast practice management public domain Russia SaaS search social networking Supreme Court TechShow twitter video Web 2.0 YouLaw