Lawes v. CSA Architects & Engineers LLP, No. 16-2275 (1st Cir. 2020)Annotate this Case
In this case where Plaintiff's negligence case collapsed halfway through trial due to the exclusion of his only expert witness pursuant to Fed. R. Civ. P. 26 and Fed. R. Evid. 702 the First Circuit reversed the rulings of the district court under Rule 26 and Rule 702, vacated the entry of judgment against Plaintiff, and remanded this matter for further proceedings, holding that the district court erred.
Plaintiff was hit by a car while walking in a construction-affected area near Old San Juan, Puerto Rico. Plaintiff filed a negligence lawsuit against several entities. Plaintiff then retained an expert witness to opine on the standard of care owed to pedestrians in construction-affected areas and to explain how Defendants' negligence caused his accident. After a twelve-day Daubert hearing, the trial court excluded Plaintiff's sole expert witness. The district court subsequently entered judgment as a matter of law for Defendants. The First Circuit vacated the lawsuit's dismissal, holding (1) under Rule 26, preclusion was an overly harsh sanction for Plaintiff's discovery violations; and (2) the district court abused its discretion in excluding the expert testimony under Rule 702.
The court issued a subsequent related opinion or order on July 7, 2020.