[Download] "Watson V. Inco Alloys International" by West Virginia Supreme Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Watson V. Inco Alloys International
- Author : West Virginia Supreme Court of Appeals
- Release Date : January 09, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
In this products liability action, Mrs. Joyce A. Watson challenges orders of the Circuit Court of Cabell County finding her expert witness, a professional engineer, was not admissible, and granting summary judgment in favor of the defendant based upon the absence of admissible expert testimony. We conclude that the circuit court abused its discretion by relying, in part, on its application of the Wilt/Daubert standard for determining the admissibility of expert scientific testimony to exclude the expert's testimony, as that testimony was founded on technical and not scientific knowledge. In addition, the circuit court abused its discretion in concluding that the engineer was not qualified to offer an opinion as to the causation and enhancement of injuries sustained by the plaintiff's decedent. Finally, because we conclude the expert's testimony is admissible, we find the circuit court erred in granting summary judgment and we remand this case for additional proceedings.
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