What is Daubert and Describe the Motion used to Exclude Expert Testimony in a Property Damage Insurance Claim. 

  • Q: What is the Daubert Standard?

  • A: Daubert is the Standard used by trial judges to determine if a witnesses’ testimony is scientific and reliable enough for the witness to be admitted as an expert in a particular topic. 

  • Q: Where did the Daubert Standard come from?

  • A: The US Supreme court case of  Daubert v. Merrell Dow Pharmaceuticals established this standard.

    DAUBERT v. MERRELL DOW PHARMACEUTICALS (PDF)

  • Q: Where is the Daubert Standard Used?

  • A: The Daubert Standard and associated test is currently used by the US federal courts and it has been adopted by multiple states as the premier method to determine expert witness admissibility. 

  • Q: Is the Daubert Standard Used in the State of Georgia?

  • A: O.C.G.A. Section 24-9-67.1 is Georgia’s codification of the decision in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 570 (1993) and its progeny. The Daubert standard purports to ensure that all scientific testimony or evidence is not only relevant, but reliable.  

    OCGA § 24-9-67.1 – Expert opinion testimony in civil actions (PDF)

  • Q: What Factors Does the Daubert Standard Test for?

  • A: Daubert provides guidance as to the admissibility of expert testimony and lists the following factors as relevant to the analysis:

    1. Whether the specialized theory or technique has been or can be tested,

    2. The theory’s general acceptance in the expert community,

    3. Rate of error, and

    4. Peer review.

  • Q: What Specific Factors are Considered in a Daubert Challenge?

  • A: Daubert may be broken down into a two prong inquiry:   Reliability and Relevance.

     

     

    RELIABILITY

    RELEVANCE

    Whether the expert’s METHODOLOGY has

    been tested?

    Whether expert testimony proffered in the

    case is sufficiently tied to the facts of the case

    that it will aid the jury in resolving a factual

    dispute.

     

    Whether the expert’s METHODOLOGY has been subject to PEER REVIEW?

     

    Whether the expert’s METHODOLOGY has a known ERROR RATE?

     

    Whether the expert’s METHODOLOGY is

    subject to standards

     

    Whether the expert’s METHODOLOGY is

    generally accepted?

     

     

     O.C.G.A. Section 24-9-67.1 (b)(2) requires the expert’s testimony to be “the product of reliable principles and methods.”  This requirement alone will bar fact witnesses from testifying regarding the methodology utilized to calculate Plaintiff’s property damage loss amount.  It is important to note that:

     

    * None of their FACT witnesses created the methodology. 

    * None of their FACT witnesses created or developed the factors used in the methodology.

    * None of their FACT witnesses will be able to testify to the science of HOW and

    WHY these factors are chosen and plugged into the formula.

    * None of their FACT witnesses will be able to proffer to the court any RELIABLE data which will support their use of the methodology.

    * None of their FACT witnesses will be able to proffer any evidence that the methodology has been TESTED.

    PLAINTIFFS’ MOTION TO EXCLUDE EVIDENCE PURSUANT TO O.C.G.A. SECTION 24-9-67.1

[schema type=”review” name=”Daubert Motion to Exclude Expert Testimony” description=”Daubert is the Standard used by trial judges to determine if a witnesses’ testimony is scientific and reliable enough for the witness to be admitted as an expert in a particular topic. ” rev_name=”PLAINTIFFS’ MOTION TO EXCLUDE EVIDENCE PURSUANT TO O.C.G.A. SECTION 24-9-67.1″ author=”Tony Rached” pubdate=”2019-02-27″ user_review=”5″ min_review=”1″ ]