Motions By Both Passenger Who Claimed A Sexual Assault And By Ferry Operator To Exclude Opposing Expert Testimony Denied
WENDY PETERSON, Plaintiff v. SCOTIA PRINCE CRUISES LTD.,Defendant
Docket No. 03-174-P-H
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE
2004 U.S. Dist. LEXIS 10457
June 9, 2004, Decided
PROCEDURAL POSTURE: Plaintiff passenger filed a personal injury action against defendant ferry carrier alleging that she was assaulted while she was a passenger on the ferry. Both parties filed motions in limine to exclude all or part of the testimony of an expert witness named by the opposing party.
OVERVIEW: The ferry sought to exclude all of the testimony from the passenger's expert, who was going to offer an opinion about the safety and security requirements for the ferry. The ferry contended that the expert's opinions were not reliable or helpful, in part, because they did not meet the Daubert standard. The court held that the ferry's emphasis on scientific principles and replicable experiments or studies was misplaced when the case involved an alleged assault and robbery. The court found that the passenger's designated expert could potentially assist the jurors with industry standards of safety and security. The passenger sought to exclude medical testimony from the ferry's expert who would testify that the passenger was not raped or assaulted and that her injuries could be explained by her intoxication. The court denied the passenger's motion to exclude the testimony because there was no showing that the opinions would mislead the jury or cause the passenger undue prejudice. The physician provided evidence that he was qualified, and the physician had demonstrated his methodology and the reliability of the opinion. The opinions were not speculative or conjectural.
OUTCOME: The court denied both parties' motions in limine to exclude testimony from the opposing parties' designated expert.
