Expert Witness Admissibility

Trial courts have substantial discretion when deciding whether to admit evidence at trial. This discretion extends to expert witness testimony. On appeal, a trial court’s decision to admit or exclude expert testimony is reviewed for an abuse of discretion. Spalding v. Stewart Title Guar Co., 463 S.W.3d 770, 778 (Mo. 2015).

Not everything is discretionary. There are some more black and white requirements. Specifically, expert witness testimony is inadmissible if the offering party fails to satisfy the expert witness statute’s foundational requirements. Scott v. Blue Spring Ford, Inc., 215 S.W.3d 145, 173 (Mo. Ct. App. 2006). Once expert witness testimony is properly admitted, though, the weight to give that testimony is up to the judge/jury deciding the case.

Related Articles

Premises Liability: Third-Party Criminal Acts

November 22, 2023

As a general rule, if a customer/invitee of a business is harmed by a third-party criminal act, the business is not responsible. The rationale for this rule is that criminal acts are rarely foreseeable. Early v. Dunn, 670 S.W.3d 47, 51 (Mo. App. E.D. 2023). There are a number of exceptions. First, a duty arises…

Read More

Mootness, Exceptions

October 19, 2023

Courts generally shy away from rendering decisions in moot cases. A case is moot when “the question presented for decision seeks a judgment upon some matter which, if the judgment was rendered, would not have any practical effect upon any then existing controversy.” DCM v. Pemiscot County Juvenile Office, 578 S.W.3d 776, 780 (Mo. 2019). There…

Read More

Comity, Multiple Lawsuits, Litigation

October 11, 2023

In complex situations, it is not uncommon for multiple lawsuits to be pending in multiple jurisdictions. When this occurs, one court, in the interests of comity, may allow the other court to handle the entire dispute. At the state level in Missouri, comity is not an ironclad rule, but a rule of “practice, convenience, and…

Read More

Contracts: General versus Specific Provisions

October 2, 2023

Parties are bound to the terms of the contract they sign, unless induced by fraud, duress, or undue influence. Lehman v. Automotive Investments, LLC, 608 S.W.3d 733, 738 (Mo. App. E.D. 2020). In analyzing contracts, courts focus on the plain and ordinary meaning of the language used. Id. Often times, however, a conflict can arise between what…

Read More
Scroll to Top