Johnston-Forbes v. Matsunaga (Majority and Concurrence)
Annotate this CaseThe issue this case presented to the Supreme Court was whether, under Evidence Rules (ER) 702 through 705, the trial court properly admitted expert biomechanical testimony in an automobile collision case. In August 2006, Dawn Matsunaga rear-ended the car that Cathy Johnson-Forbes was riding in. Johnston-Forbes claimed that she suffered injuries as a result of the collision and sued Matsunaga. Before trial, Matsunaga identified Dr. Allan Tencer as an expert who would be testifying as a biomechanical engineer. In a motion in limine, Johnston-Forbes moved to exclude Tencer's testimony, arguing that he was not qualified as an engineer, that his opinion lacked sufficient foundation, and that in viewing photographs he could not account for Johnston-Forbes's precise body position at the time of impact. The trial court limited Tencer's testimony but denied Johnston-Forbes's motion, and the jury returned a verdict for Matsunaga. The Court of Appeals affirmed. Finding no reversible error in the trial court's decision, the Supreme Court affirmed the Court of Appeals.
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