Expert Witnesses and The Daubert Standard
When litigation involves issues of disputed expert testimony, the trial court serves as a gatekeeper to ensure that the trier of fact is hearing only trustworthy evidence. Expert testimony is admissible if it is both reliable and relevant to the issues being litigated. Daubert v. Merrell Down Pharmaceuticals, Inc. set forth several factors for judicial consideration in evaluating admissibility of scientific or expert opinions. Under Daubert, expert opinion is admissible when supported by particular grounds for the expert’s scientific conclusion. This is true even if there are arguable methods that one may employ to arrive at an alternative conclusion.
The Michigan Legislature codified many of the Daubert factors when it enacted MCL 600.2955, which sets the standard for the admissibility of scientific or expert opinions and evidence. Just as stated in Daubert, in the state of Michigan, in an action for the death or injury to a person or property, a scientific opinion rendered by an otherwise qualified expert is not admissible unless the court determines that the opinion is reliable and will assist the trier of fact (this is either the judge or the jury).
In making that determination, the court examines the opinion and the basis for that opinion. Some of the factors the court considers in making this determination are whether the opinion and its basis: have been subjected to scientific testing, have been subjected to peer review or publication, or are generally accepted by the relevant community. The court will also look to whether the method employed by the expert witness to arrive at their conclusion has a known or potential error rate and whether other experts in that field would rely on the same basis to reach a conclusion.
Courts are generally very strict about which experts they allow to testify at trial. In a litigation action, a party calling an expert witness must be careful that the expert they are employing to testify is using reliable methods that are accepted by the relevant community as a whole. Expert witnesses can play a huge part in litigation and having a reliable and respected expert witness can be extremely beneficial for either party.
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan and Northern Ohio. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint). Legal services are also provided in Northern Ohio.
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan and Northern Ohio.
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