That is the question addressed in a recent Connecticut Supreme Court case, as I report in an article recently published on the Web site of IMS ExpertServices. Excerpt:

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.

Read the full article.

Photo of Bob Ambrogi Bob Ambrogi

Bob is a lawyer, veteran legal journalist, and award-winning blogger and podcaster. In 2011, he was named to the inaugural Fastcase 50, honoring “the law’s smartest, most courageous innovators, techies, visionaries and leaders.” Earlier in his career, he was editor-in-chief of several legal publications, including The National Law Journal, and editorial director of ALM’s Litigation Services Division.