Under federal law, for an expert report to be admissible the party introducing the report must show the expert witness is qualified, the report sets forth an opinion relevant to determining an issue of fact, and the testimony is reliable. The United States District Court for the Western District of Tennessee recently explained that a district court evaluating whether an expert report should be admitted is not required to analyze whether the report is correct, but only if the report is supported by a reliable foundation. If you were the victim in a Tennessee car accident, it is in your best interest to retain a knowledgeable car accident attorney to discuss the circumstances surrounding the accident and develop a plan to assist you in recovering damages.
Allegedly, the plaintiff and the defendant driver were involved in a car accident. The plaintiff alleged that the defendant driver, a truck driver, was negligent and that his employer should be held vicariously liable for her injuries. In response, the defendant alleged that the plaintiff caused the accident. The defendants served the plaintiff with expert disclosures as required by Federal law. The defendants’ expert reviewed photographs, video footage, and analyzed the specifications of the plaintiff’s vehicle, a reconstruction program and his own experience in determining that the plaintiff caused the accident by driving into the path of the defendant driver and that the collision was minor. The plaintiff moved to preclude the expert and his report, arguing that the report was contrary to the photographs of the accident and the physical evidence. The plaintiff also argued the report alleged negligent behavior on behalf of the defendant driver, not the plaintiff.