Person v. Shipley
Annotate this CaseWhile driving a sedan, Carol Shipley rear-ended Reginald Person's eighteen-wheeler. Person sued Shipley for injuries that he claimed he had sustained in the accident. During trial, the trial court admitted testimony of two experts retained by Shipley that opined that it was unlikely the accident caused Person's injuries. The jury later returned a defense verdict in favor of Shipley and awarded no damages to Person. Person appealed, contending that the trial court erred when it permitted Shipley's experts to testify that Person's lower-back injury was not likely caused by the rear-ending accident because the impact on Person's truck was minimal. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in admitting the experts' testimony under Ind. R. Evid. 702 and in finding (1) the experts were qualified to offer their opinions, and (2) the experts' opinions were based on reliable scientific principles that could be applied to the facts at issue.
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