Mississippi Supreme Court Rules on Challenge to Expert Witnesses

March 14, 2008

The Mississippi Supreme Court recently confirmed that trial courts should generally hold an in limine (preliminary) hearing on motions to exclude expert witnesses. In Smith v. Clement, ___ So. 2d ___, 2007 WL 2874937 (Miss. 2007), plaintiffs were injured when their school bus caught fire. Plaintiffs sued the Amory School District. Amory sought indemnity from Charles Clement, who previously converted the school bus from gasoline fuel to propane. Amory alleged that a defect in the propane system caused the fire.

Amory hired Dr. Richard Forbes, a mechanical engineer, as its expert. Dr. Forbes submitted an affidavit in support of Amory's claims. Clement filed a motion to strike Dr. Forbes' affidavit and argued that it affidavit was insufficient under Rule 702 of the Mississippi Rules of Evidence, and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 113 S.Ct. 2786 (1993). The trial court granted Clement's motion to strike without an evidentiary hearing.

The Mississippi Supreme Court reversed the trial court and held that trial courts should conduct a hearing before deciding a motion to strike an expert witness. The Supreme Court reasoned that this procedure will assist the trial court in its function as the gatekeeper of the trial evidence.

For more information, please contact Jim Shelson.

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