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Case Notes
Expert Testimony Excluded for Insufficient Facts, Methods
Expert testimony may be excluded where the expert's opinion is not based on sufficient facts or data and where the testimony is not the product of reliable principles and methods under Rule 702 of the Federal Rules of Evidence. Schrom v. Budget Rent-A-Car System, Inc., Civil Action No. 6:04-21788-HFF, U.S. District Court for the District of South Carolina, Greenville Division, Nov. 14, 2005.
Schrom was injured when she fell out of the back of a moving truck rented by her mother from Budget. She sued Budget, alleging that her injury resulted from the failure of the truck to have a step or handrail on the left side, as it had on the right side. Schrom moved to introduce an expert in the field of human factors psychology. The expert would testify that the truck was designed unsafely; the design made it unreasonably dangerous; a fall like the plaintiff's was foreseeable; and plaintiff's injuries were preventable and would not have occurred had the truck been equipped with a handrail on the left side. The defendant moved to exclude the expert and then to dismiss the lawsuit, claiming that the opinion was not based on sufficient facts or data, that the testimony was not the product of reliable principles and methods under Rule 702 of the Federal Rules of Evidence, and that without the expert testimony, summary judgment was appropriate.
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