Compton v. Bach

374 F. Supp. 3d 1296
CourtDistrict Court, N.D. Georgia
DecidedFebruary 28, 2019
DocketCIVIL ACTION NO. 2:17-CV-0198-RWS
StatusPublished
Cited by1 cases

This text of 374 F. Supp. 3d 1296 (Compton v. Bach) is published on Counsel Stack Legal Research, covering District Court, N.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Compton v. Bach, 374 F. Supp. 3d 1296 (N.D. Ga. 2019).

Opinion

RICHARD W. STORY, United States District Judge

This matter is before the Court on Defendant's Motion to Exclude Certain Opinions of Plaintiffs' Identified Expert Thomas Langley [65], Plaintiffs' Motion in Limine [80], Defendant's Motion in Limine [83], Defendant's Motion in Limine Admissibility of the Release Agreement [84], and Defendant's Motion to Bifurcate [85]. After a review of the Record and oral arguments heard at the February 11,2019 pretrial conference, the Court enters the following Order.

I. Defendant's Motion to Exclude Certain Opinions of Plaintiffs' Identified Expert Thomas Langley [65]

Defendant moves to exclude Plaintiffs' expert witness, Thomas Langley, from offering two opinions: 1) that Dr. Bach entered the intersection on a red light; and 2) that Dr. Bach was not paying proper attention as he approached the intersection where this collision occurred. Defendant challenges Mr. Langley's methods and asserts that his testimony would not assist a jury in determining fault.

Federal Rule of Evidence 702 governs the admissibility of proposed expert evidence:

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise.

The trial court, as the gate-keeper, must determine that the testimony is "sufficiently tied to the facts of the case that it will aid the jury in resolving a factual dispute." Daubert v. Merrell Dow Pharm., 509 U.S. 579, 591, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993) (quoting United States v. Downing, 753 F.2d 1224, 1242 (3d Cir. 1985) ). The trial court must also "make certain that an expert ... employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field." Kumho Tire Co. Ltd. v. Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999). The Eleventh Circuit has synthesized the existing rules into a three-part inquiry, instructing courts to consider whether: (1) the expert is qualified to testify competently regarding the matters he intends to address; (2) the methodology by which the expert reaches his conclusions is sufficiently reliable as determined by the sort of inquiry *1300mandated in Daubert; and (3) the testimony assists the trier of fact, through the application of scientific, technical, or specialized expertise, to understand the evidence or to determine a fact in issue. City of Tuscaloosa v. Harcros Chemicals, Inc., 158 F.3d 548, 562 (11th Cir. 1998), reh'g and reh'g en banc denied, 172 F.3d 884 (1999).

With respect to the reliability of expert testimony, relevant factors include "(1) whether the expert's theory can be and has been tested; (2) whether the theory has been subjected to peer review and publication; (3) the known or potential rate of error of the particular scientific technique; and (4) whether the technique is generally accepted in the scientific community." U.S. v. Frazier, 387 F.3d 1244, 1262 (11th Cir. 2004) (quoting Quiet Tech. DC-8, Inc. v. Hurel-Dubois UK Ltd., 326 F.3d 1333, 1340 (11th Cir. 2003) ). "These factors are illustrative, not exhaustive; not all of them will apply in every case, and in some cases other factors will be equally important in evaluating the reliability of proffered expert opinion." Id. It is important to note that "expert testimony that does not meet all or most of the Daubert factors may sometimes be admissible." U.S. v. Brown, 415 F.3d 1257, 1268 (11th Cir. 2005).

The Court holds that Mr. Langley may not testify as to his opinion regarding Dr. Bach's attentiveness. Plaintiffs have failed to demonstrate how this testimony would provide any insight beyond the understanding and experience of an average citizen to assist the trier of fact, as required by the Federal Rules of Civil Procedure, the Federal Rules of Evidence, and Daubert. Mr. Langley may testify about his expert opinions regarding the red light because they meet the above stated requirements. Accordingly, Defendant's Motion [65] is GRANTED in part and DENIED in part .

II. Plaintiffs' Motion in Limine [80]

The Court will address Plaintiffs' arguments in turn.

1. The Release Agreement Between State Farm and Plaintiffs

Plaintiffs argue the Court should exclude any evidence of the Release Agreement between State Farm Mutual Automobile Insurance Company ("State Farm") and Plaintiffs. This issue is fully briefed in response to Defendant's separate Motion in Limine Admissibility of the Release Agreement [84]. For the reasons discussed in Section IV, Plaintiffs' Motion is GRANTED as to this issue.

2. Trooper Smith's Opinions and the Traffic Report

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Bluebook (online)
374 F. Supp. 3d 1296, Counsel Stack Legal Research, https://law.counselstack.com/opinion/compton-v-bach-gand-2019.