Recently, an appellate court issued an opinion in a case dealing with an evidentiary issue that is applicable to many Indiana personal injury lawsuits. According to the court’s written opinion, the case stemmed from an accident after an employee was injured when he was operating a car-crushing machine. The plaintiff sued the car manufacturer and the company that leased the machine to his employer. The plaintiff argued that the parties were liable under a defective design theory. The lower court granted summary judgment in favor of the defendants based on a finding that the plaintiff’s expert witness testimony was not admissible. The plaintiff appealed the granting of the defendant’s summary judgment motion.
The court explained that the threshold criteria for an expert witness is that the “expert can reliably apply the principles and methods to the facts of the case.” In this particular case, the plaintiff presented the opinion of a professor of mechanical engineering. Although the professor had a Ph.D., had published articles, and had over three decades of experience, the court found that his testimony did not meet the basic expert witness requirements.
Typically, Indiana requires expert testimony be based on “scientific, technical, or specialized knowledge.” Expert witnesses can be used to understand complex issues, strengths, and weaknesses of a case, and to oppose adverse experts. Indiana product liability lawsuits often require expert witnesses. An expert witness must meet a threshold requirement under the Federal Rules of Evidence. The witness must be able to “reliably apply the principles and methods to the facts” of a case. Moreover, they must possess the training, education, skills, and knowledge to assist the trier of fact in determining an issue.