Presenting strong expert witness testimony is essential in many Washington, D.C. injury cases. But before the testimony can be considered, it must be admissible under evidentiary rules. In 2016, the District of Columbia Court of Appeals issued a decision adopting Federal Rule of Evidence 702 and the Daubert test articulated in the Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Daubert standard now applies in all civil and criminal cases in Washington, D.C. and focuses on the relevance and reliability of the evidence.
Under Rule 702, a witness who is qualified to testify as an expert based on knowledge, skill, experience, training, or education may testify if:
- The testimony will be helpful in order to understand the evidence or determine a fact at issue;
- The testimony is based on sufficient facts or data;
- The testimony is the product of reliable principles and methods; and
- The expert witness reliably applied the principles and methods to the facts of the case.
In a recent case before a federal appeals court, the court excluded expert testimony in a personal injury case, finding that the testimony was not reliable. In that case, the plaintiff severely injured his right leg, foot, and ankle when a skid-steer loader he was operating at work tipped over. When it began to tip forward, the plaintiff braced his right foot near the front opening. His foot slipped out the front and he brought the lift down on it, crushing his foot. He and his wife filed a strict liability claim against the manufacturer alleging that the machine was defectively designed.