Daubert exclusion of expert may assist cross-examination in Frye Illinois

For the Defense

By Donald P. Eckler

Donald “Pat” Eckler is a partner at Goldberg Segalla focusing on professional liability defense, insurance coverage litigation, and general tort defense. He is the legislative chair of the Illinois Association of Defense Trial Counsel. Eckler also is the co-host of the Podium and Panel podcast with Daniel Cotter. His views are his own and not those of his firm or its clients.

Posted August 25, 2021 10:36 AM

“Mr. Gibson’s vocational economic opinion is unreliable.” Those were the words leading off the discussion section of the Aug. 13 opinion of District Judge Damon R. Leichy in Sturgis v. R&L Carriers, Inc., et al., 3:19-CV-440 DRL-MGG, Doc. 122, p. 6. Applying Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 597 (1993), the court barred Daniel Gibson’s opinions in a trucking accident case in which the defense admitted liability and the case is proceeding on damages only.The court …

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