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Articles Posted in Premises Liability

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It is not uncommon for a plaintiff in a personal injury matter to hire an expert to opine on the manner in which the defendant departed from the standard of care or otherwise caused the plaintiff’s harm. Even if expert testimony is not required it can often be helpful to help the fact finder determine the ultimate issues. A party seeking to introduce expert testimony must prove both that the expert is qualified and that their testimony will aid the trier of fact in understanding the issues, among other things. If they cannot meet this burden, their expert may be precluded from testifying, as shown in a recent New York opinion. If you suffered harm due to an accident caused by another person’s negligence, you may be owed damages, and you should confer with a Syracuse personal injury lawyer to evaluate your options.

The Facts of the Case

It is reported that the plaintiff tripped and fell while exiting a plane owned by the defendant, fracturing her wrist. She was 87-years-old at the time of the fall. She filed a personal injury lawsuit against the defendant, averring that she fell on a piece of metal that was part of the airplane doorway.

Allegedly, the defendant and plaintiff both engaged experts. The defendant moved to preclude the plaintiff’s expert from testifying pursuant to Federal Rule of Evidence 702 and for summary judgment. The plaintiff opposed both motions, but the court ultimately granted them. Continue reading

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