Do you have the right experts to win your injury case?
In the?world?of?personal injury law, we shine a spotlight on the crucial role of expert witnesses. We explore the ongoing case of?Garner v. BNSF Railway Co., where the Appeals Court has brought attention to the importance of experts in legal proceedings, challenging conventional practices.
???Setting the Scene
The narrative begins with Gary Garner, a determined plaintiff, stepping into the legal arena, accusing BNSF Railway Co. (BNSF) of the wrongful death of his father due to toxic exposure. His struggle resonates with countless consumers—the?need to understand?their?legal?rights?and how to protect them.
?? The Role of Expertise
Garner?hired?expert?witnesses?to?testify?on whether?his?father's workplace exposure to diesel exhaust could have?caused?his cancer and subsequent death. However, the trial court granted BNSF’s motion to exclude these experts on the basis that the gap between the data and their opinions was too great. This became a point of failure for Garner’s case, as without the testimony of these experts, it would be impossible for him to prove the?link?between?his father’s?workplace environment and his death.
领英推荐
Garner?did not give up and?appealed?the decision. Fortunately, the Court of Appeal concluded that the trial court was mistaken in excluding Garner’s experts from testimony, as?it was not the responsibility of the trial court to assess the scientific validity of an expert’s opinion or to substitute their own opinion it its place. The Court of Appeal overturned the trial court’s decision to exclude the experts from testimony and returned the case to trial with orders to deny BNSF’s motion, giving Garner’s case a fresh hope of success.
???Key?Takeaways
Experts are needed when a party to a lawsuit must prove an element of their case that is outside the common experience of the trier of fact (judge or jury). Without causation experts, Garner would not be able to provide adequate testimony to demonstrate the connection between his father’s workplace conditions and his cancer. It is not the job of the trial court to assess the validity of the expert’s opinion.