Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nikoghosyan v. Aaa Cooper Transportation, Inc.

United States District Court, N.D. Oklahoma

October 8, 2019

GEVORG NIKOGHOSYAN, Plaintiff,
v.
AAA COOPER TRANSPORTATION INC., and MAJOR GREEN, Defendants.

          OPINION AND ORDER

          TERENCE C. KERN UNITED STATES DISTRICT JUDGE

         Before the Court is plaintiff Gevorg Nikoghosyan's Motion to Exclude Expert Witness Testimony of Dr. Foster. Doc. 33. Plaintiff asserts Dr. Foster's testimony should be excluded because (1) he is unqualified; (2) his testimony is not based on sufficient facts or data; and (3) his testimony is not the product of reliable principles. Id. Defendant opposes the motion. Doc. 39.

         I. Factual Background

         This lawsuit arises from injuries Plaintiff sustained in a collision between two tractor-trailers on September 19, 2016. Both Plaintiff and Defendant Major Green were driving semi-truck tractors eastbound on I-44 in Craig County when Green's semi rear-ended Plaintiff's semi. Law enforcement responded to the scene and the collision report stated that Plaintiff sustained no injury as a result of the collision. Plaintiff did not, at the time, seek treatment for any injuries, but two days later sought treatment in Hopewell, Virginia, and subsequently sought additional treatment in Los Angeles.

         Pursuant to Fed.R.Civ.P. 26, Dr. Foster provided a report regarding the care and treatment Plaintiff obtained after the collision. Doc. 33, Ex. A.

         II. Applicable Law

         Federal Rule of Evidence 702 (“Rule 702”) provides that:

         A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if:

(a) the expert's scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
(b) the testimony is based on sufficient facts or data;
(c) the testimony is the product of reliable principles and methods; and
(d) the expert has reliably applied the principles and methods to the facts of the case.

         When an objection to an expert's testimony is raised, the court must perform Daubert gatekeeper duties before the jury is permitted to hear the evidence. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 592-93 (1993); Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137, 149 (1999). These gatekeeper duties require the Court to determine both (1) that the expert witness is qualified to offer the opinions he or she is espousing and (2) that the proponent of the expert witness has proved by a preponderance of the evidence that expert's opinions are both relevant and reliable. Kumho Tire, 526 U.S. at 141, 152. When the testimony of an expert is challenged, the proponent of the testimony bears the burden of establishing its admissibility. United States v. Nacchio, 555 F.3d 1234, 1241 (10th Cir. 2009) (en banc); Fed.R.Evid. 104(a).

         District courts have broad discretion to determine whether a proposed expert may testify. Rodgers v. Beechcraft Corp., 759 Fed.Appx. 646, 658 (10th Cir. 2018) (citing United States v. Nichols, 169 F.3d 1255, 1265 (10th Cir. 1999)). In order to qualify as an expert, a proposed witness must possess “such skill, experience or knowledge in that particular field as to make it appear that his opinion would rest on substantial foundation and would tend to aid the trier of fact in his search for truth.” LifeWise Master Funding v. Telebank, 374 F.3d 917, 928 (10th Cir. 2004). An expert who “possesses knowledge as to a general field” but “lacks specific knowledge does not necessarily assist the jury.” City of Hobbs v. Hartford Fire Ins. Co., 162 F.3d 576, 587 (10th Cir. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.